Notre Dame Law Review Volume 95 Issue 1 Article 4 12-2019 Going Rogue: Mobile Research Applications and the Right to Privacy Stacey A. Tovino William S. Boyd School of Law, University of Nevada Follow this and additional works at: https://scholarship.law.nd.edu/ndlr Part of the Health Law and Policy Commons, Internet Law Commons, and the Privacy Law Commons Recommended Citation 95 Notre Dame L. Rev. 155 (2019). This Article is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact
[email protected]. \\jciprod01\productn\N\NDL\95-1\NDL104.txt unknown Seq: 1 26-NOV-19 8:43 GOING ROGUE: MOBILE RESEARCH APPLICATIONS AND THE RIGHT TO PRIVACY Stacey A. Tovino* INTRODUCTION Consider a hypothetical involving a woman with a progressive neurologi- cal condition.1 The woman, who wishes to advance the scientific understand- ing of her condition, volunteers to participate in a disease-progression research study led by an independent scientist.2 The research study requires each participant to download and use a mobile application (“mobile app”) that was designed by the independent scientist and that collects a number of data elements, including first and last name, date of birth, race, ethnicity, diagnosis, medications, family history, and real-time information regarding balance, gait, vision, cognition, and other measures of disease progression.3 © 2019 Stacey A. Tovino. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice.