"Scan with Barcodes" or "Utilizing Barcodes for Scanning"
In a thought-provoking article, Anne Zimmerman, JD, MS, delves into a multidisciplinary topic that intertwines Artificial Intelligence, Health Regulation, and Law. Published as a legacy post, this piece is a must-read for anyone interested in understanding the complexities of data ownership and regulation in the modern world.
Zimmerman argues that individuals should have a property right in their personal data and should share in the financial rewards generated by big data. In the era of big data, where new data like facial recognition technology combined with genetic data leads to broader aggregate information, this is a timely and relevant discussion.
The author highlights the value of health data, often reused and pooled by corporations, and the potential financial gains in the big data landscape. However, the use of data for financial gain is not without controversy. Zimmerman points out that while there does not seem to be a federal law prohibiting the sale of medical or genetic data derived from facial recognition if adequately deidentified, the risk of reidentification or privacy breach should not be used as an excuse to not compensate individuals for the use of their data.
The article also touches upon the issue of deidentification of data in the big data landscape, particularly with regards to personal and health data, which is a topic of concern. Pharmaceutical marketing is increasingly constitutionally protected as free speech, but the personally identifiable biometric data from facial recognition, which is HIPAA protected, could have commercial uses.
In light of these issues, Zimmerman poses the phrase "Barcode me" as a powerful statement, emphasizing the idea that individuals should be compensated for the financial use of their data. While the United States does not have a specific federal law allowing private individuals to sell their personal data, including health data, some states have enacted or are enacting data protection laws that regulate personal data usage. For instance, Kentucky will implement the Kentucky Consumer Data Protection Act (KCDPA) in 2026, which includes provisions on health data but does not explicitly permit individuals to sell their data.
This article serves as a comprehensive and insightful exploration of the complexities surrounding individual data rights, big data, and regulation. As we navigate the digital age, understanding these issues becomes increasingly important, and Zimmerman's article provides a valuable starting point for this discussion.
