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Journal of Technology Law & Policy

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Document Type

Note

Abstract

This Note provides a legal answer to the moral question of whether a person should be compensated for lucrative health data that was collected from them. The moral question is examined through the lens of various doctrines in property, privacy, intellectual property, and ethics, in light of landmark cases concerning biomaterials and genetic information. A new doctrine for health data compensation is proposed, based on quasi-property and borrowing elements from equity, intellectual property, and profit-sharing. The proposed doctrine is evaluated by applying it to a hypothetical commercialization of one person’s health data via a precision medicine product.

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