Our talk on the laws of voice - VOH Summit '19

It was such an honour to visit the United States of America for the first time (a trip that has been on my wish list for thirty years) to speak at the VOH Summit.

The location of Harvard Medical School in Boston was beautiful. The speakers were inspiring, and it was an enriching learning experience.

It was great to see the interest in the laws of voice, with two lawyers presenting. On the first day I presented a talk on data ownership and law-making. Here is a quote:

"...when we think about the increasing importance and value that people will place on their data as they share more about themselves, including information about their bio-metric outputs, their genes and environments, people will want to know the extent of their rights and whether they constitute legal ownership. I think it is undeniable that we need to address the question of who owns health information, and the discussion is overdue."

During my talk I referenced the 11 incidents of ownership authored by lawyer Tony Honore. I believe that these incidents add immense value to the discussion on data ownership.

I raised three case-studies to demonstrate some of the complex questions that need to be worked through by law-makers (private and legislative), and provided examples of how each case-study could apply within the Voice domain.

  • The first related to an IVF patient who received the result 'no DNA' following genetic testing of their embryo. They could not readily ascertain what had happened during the testing process.

  • The second case involved a patient who went to court to understand the specific process of diagnosis that was utilised by their doctor.

  • The third raised the IP exemptions that have been written into Australian law to make way for expansive patient rights and data sharing under the My Health Record System.

On Day 2 we were fortunate to hear from Associate Heather Deixler, Attorney at Law, on the key legal issues in Voice of Healthcare. Heather is a practising attorney at Latham & Watkins LLP, specialising in digital health law.

I provided some information about my thesis on law-making, and welcomed those with an interest in Australian law to contact me.

For those who may have missed out, here are the slides from our presentation at the Voice Bootcamp:

Feel free to contact Bianca Rose Phillips, or Heather Deixler for more information.

Thank you again to Bradley Metrock, Peggy Kilburn and the entire team at Score Publishing, and thank you also to the attendees and fellow speakers.

BIANCA ROSE PHILLIPS is a lawyer examining the domains of digital health and medical law. Her current work investigates issues of law-making, substantive law, and statutory interpretation in those areas. As part of her doctoral program, Bianca has been examining legislative law-making practices in digital health to ascertain the values and principles that are considered by law-makers as part of the law-making process. The Eight Pillars codify the considerations of law-makers into a framework and include human rights, clinical and societal benefit, as well as risk and harm reduction. Her focus is specifically on laws and legal theories developed in the United States of America and Australia. Bianca holds a Bachelor of Laws. Bachelor of Commerce. GradDipLP. Master of Laws (Medical Law & Telemedicine), and she is in her final year of a Doctor of Philosophy program. She is an Adjunct Lecturer in Law at Swinburne University of Technology, presently teaching Commercial Law.

HEATHER DEIXLER is a corporate associate in the San Francisco office of Latham & Watkins LLP, where she counsels public and private companies operating in the healthcare and life sciences industries on transactional and regulatory matters. Ms. Deixler advises clients on innovative healthcare delivery systems including Medicare Accountable Care Organizations, clinically integrated networks, and IPAs, and other value-based payment programs. She is a Certified Information Privacy Professional (CIPP/US and CIPP/E) with a particular focus on health information privacy and security.

As well, Ms. Deixler is Chair of the ABA Health Law Section eHealth, Privacy & Security Interest Group, and Vice-Chair of the American Health Lawyers Association (AHLA) Health Information & Technology (HIT) Practice Group's Educational Programs of the HIT - Tech Licensing and Intellectual Property Affinity Group. She previously served as an Adjunct Professor in the Health Law LLM program at the University of Washington School of Law. Prior to attending law school she worked as a research technician in a neurophysiology laboratory in Dijon, France, and as a clinical research assistant at the Beth Israel Deaconess Medical Center in Boston.

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