Health care technology, particularly digital medicine, promises great new capabilities that will improve outcomes and reduce overall costs and time constraints. Digital medicine encompasses a broad-range of technologies, from technologies used to record, retain, and manipulate health data (i.e., Electronic Health Records aka., EHRs) and thereby make it more useable and amenable to analysis; to actual tools in clinical care (i.e., medical imaging, wearable sensors) that can measure physiological parameters or patient activity and facilitate clinical care and decision-making.
Assistant Attorney General of the U.S. Department of Justice (DOJ), Antitrust Division, Makan Delrahim recently spoke at the University of Chicago’s Antitrust and Competition Conference and discussed how U.S. antitrust law should treat “big data.” According to Delrahim, antitrust law is “flexible enough to address competition issues from emerging platforms,” including large tech companies like Google and Facebook that possess significant market share within their lines of business and simultaneously aggregate vast sums of personal data from consumers.
On March 23, 2018, Congress passed the “Clarifying Overseas Use of Data Act,” also known as the “CLOUD Act” (H.R. 4943, S. 2383), a new U.S. law that will have a dramatic effect on the United State government’s control over and access to data stored overseas. The CLOUD Act was introduced to the U.S. Senate and House of Representatives on February 6, 2018, as part of a $1.3 trillion omnibus spending bill. The bill passed both houses of Congress on March 23, 2018, and was signed into law by the President the next day.
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