Law Faculty Scholarship

Document Type

Article

Publication Date

Spring 2020

Abstract

This study analyzes ethical concerns associated with unregulated research conducted using data collected from commercial mobile health applications and devices. Through qualitative interviews with experts from advocacy, research, regulatory, and technology sectors, the authors examine ethical challenges arising when health-related data collected for non-research purposes are subsequently used in research contexts. Participants identified key ethical risks including inadequate informed consent, privacy vulnerabilities, unclear data ownership, and insufficient oversight mechanisms. The study highlights the growing gap between technological innovation and regulatory frameworks governing human subjects research. It concludes that new ethical guidelines and oversight mechanisms are needed to address these emerging forms of digital health research while balancing innovation and participant protection.

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