Springboarding off our earlier report on the Supreme Court’s decision in Sorrell v. IMS Health, Hogan Lovells Privacy and Information Management practice co-leader Marcy Wilder and associate Eric Bukstein have published a more detailed look at the case. Read their BNA Privacy & Security Law Report for analysis of the decision.
The U.S. Supreme Court struck down today a Vermont law prohibiting pharmaceutical companies from buying or using prescription data for marketing. The decision, Sorrell v. IMS Health, holds that the state law prohibiting the sale or disclosure for marketing purposes of prescription data that identifies prescribers (but not patients) is an unconstitutional infringement on the free speech rights of pharmaceutical and data mining companies.
On April 26, the Supreme Court heard oral arguments in Sorrell v. IMS Health – the first case heard by the Court that considers the limitations that a state may put on mining health data for commercial purposes. Specifically, this case raises the issue of how the government regulation of data mining practices impacts both the privacy rights of individuals and the speech rights of companies – both data mining companies and their customers.