Analysis of Legal and Ethical Issues for Data Analytic Service Providers in the Healthcare Industry

Abstract

This paper will attempt to identify, predict and provide solutions for legal and ethical issues related to the relationship between healthcare providers and DASPs contracted by healthcare providers. First, the paper will attempt to explain “big data” in relation to its adoption in the healthcare industry, providing an overview of big data and including a brief explanation of big data uses in other industries. Second, we will explain the budding roles of DASPs in the healthcare industry. Third, the paper will explore hypothetical ethical and legal situations related to the inevitable relationship between healthcare providers and data analytics providers and attempt to provide solutions (both legal and ethical, where possible) for each scenario presented. And, finally, the paper will set forth some policy advice for DASPs planning to or considering participation in the healthcare sector. We present this analysis from two main premises. First, DASPs in healthcare should be held to a very high standard of ethical conduct for both security and individual data protection and privacy purposes. Second, that new or updated statutory language will be needed to properly protect individual data while simultaneously providing guidance to contracted DASPs working within the healthcare industry.