CBA FALL LAW SERIES 2021

Privacy vs. Innovation: Time for a Paradigm Shift? (Recording)

Presented by the CBA Health Law and CBA Privacy and Access Law sections

Friday September 17, 2021 | 12:00 pm-1:30 pm ET

 
In a knowledge and technology-driven economy, innovation demands access to data. But many people take the view that that access to data remains elusive. On this view, privacy laws hinder access to the large volumes of data that are needed to drive innovation. These laws limit the ability to de-identify personal information obtained from patients, research subjects, or consumers, and to then use such de-identified data for other purposes. This impedes our ability to develop smart technologies, harness machine learning, improve health outcomes, and lower health care costs. This is happening at a time when we could have troves of data at our disposal, thanks to booming electronic health record use and the rise of smart medical technologies.

This session will explore this apparent trade-off between innovation and privacy from the perspectives of the individual patient, the law, industry, and academic research. It will consider the limitations that privacy laws appear to impose on innovative projects. It will also explore if there may be ways to get around those limitations.

Should we rework privacy laws? Can we revisit the concept of “consent” in a way that honours individual autonomy while still enabling data-driven projects? Are there other possible solutions? Is it time for a legal shift? A paradigm shift?

Speakers

Adalsteinn Brown, Dalla Lana School of Public Health, University of Toronto | St. Michael's Hospital
Ira Parghi, Borden Ladner Gervais LLP
Abigail Carter-Langford, Canada Health Infoway
Lorian Hardcastle, University of Calgary, Faculty of Law