AFFIRMATIVE — MEDICAL — SOLVENCY 234

MEDICAL PRIVACY PROTECTION WILL HELP, NOT HURT, RESEARCH

MEDICAL RESEARCH CAN USE MEDICAL RECORDS AFTER THE NAMES ARE REMOVED

Richard A. Epstein National Review, September 27, 1999, TITLE: Privacy, Please; Thinking about a troublesome concept. // acs-VT2001

The relationship of freedom to privacy gets even more complicated in other contexts. Consider the sensitive question of confidential medical records. People can instruct their hospitals and physicians to keep this information out of the hands of strangers. In large-scale clinical trials, it is customary to remove the names and other identifying marks of individuals whose cases are included. This protection of the privacy interest does little to impair the effectiveness of the studies.

MEDICAL PRIVACY PROTECTIONSD WILL PROMOTE, NOT HURT, RESEARCH

U.S. Rep. Sherrod Brown, USA TODAY, June 14, 1999, SECTION: NEWS; Pg. 18A TITLE: Protect health privacy // acs-VT2001

The fact is, medical privacy protections will promote research. Breast and prostate cancer patients, for example, are more likely to enroll in clinical trials if their medical information cannot be exploited by employers and insurance companies. Congress must pass a law that gives patients, not corporations, control over medical records.

PUTTING PRIVACY FIRST DOES NOT MEAN WE CANNOT USE INFORMATION FOR RESEARCH AND EVIDENCE-BASED MEDICINE

Hugh Scully, M.D., president of the Canadian Medical Association, The Toronto Star, December 10, 1999, TITLE: PATIENT PRIVACY MUST BE PROTECTED // acs-EE2001

Putting privacy first also doesn't mean that the secondary use of health information should not be permitted. The use of health information for medical research and evidence-based medicine is vital to a quality health- care system and ultimately helps us provide better care. However, not all secondary purposes - marketing, for example - are equally meritorious. And for the most part, these purposes can be accomplished with patient consent.