RESTRICTIONS ON DATA MINING BY PHARMACEUTICAL COMPANIES HELD TO BE CONSTITUTIONAL BY THE FIRST CIRCUIT COURT OF APPEALS

With the purpose of protecting individuals’ privacy, a number of states have enacted laws aimed at regulating data mining. Hence, some data mining companies challenged these statutes. Federal district courts in New Hampshire and Maine have overturned these laws, holding that they violate the First Amendment to the United States Constitution. In a recent decision, however, the First Circuit Court of Appeals reversed the ruling of the New Hampshire district court and held that the restrictions on data mining are permissible.

The following questions have been addressed in this article:

How did New Hampshire’s Prescription Privacy Law restrict data mining?
What was the dissent in IMS Health Inc. v. Ayotte?
Have other States attempted to pass laws that are similar to the Prescription Privacy Law?

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