Sorrell (Vermont) v. IMS Health Inc.

Pharmacies forward a copy of prescription information to IMS, which in turns provides a copy of the information to pharmaceutical companies for marketing to prescribing doctors. Vermont passed a statute baning the sale of this information. The U.S. Supreme Court agreed to hear the case, January 2011. The question before the Court is "Does a law restricting access to personal information in nonpublic prescription drug records violate the First Amendment?"

DATA PRIVACY issue: the identifiability and privacy risks of de-identified patient data that is regulated by the Vermont statute. Below are links of papers and briefs specific to the data privacy issue in the case.

Our Contributions

• Sweeney, Patient Identifiability in Pharmaceutical Marketing Data
• Sweeney, Patient Privacy Risks in U.S. Supreme Court Case Sorrell v. IMS Health Inc.

Background Documents

• Brief for Sorrell (Petitioner)
• Brief for IMS (Respondent)
• Vermont Statute, 18 VT. STAT. ANN. § 4631

Data Privacy Documents (sequential)

• Sweeney, Patient Identifiability in Pharmaceutical Marketing Data.

• Electronic Privacy Information Center. Petitioner Amici Brief
• Electronic Frontier Foundation. Petitioner Amici Brief
• Brief of AARP and the National Legislative Association on Prescription Drug Prices in Support of Petitioners
• Brief for the Vermont Medical Society, The New Hampshire Medical Society, The Maine Medical Association, The Medical Association of Georgia, The American Academy of Family Practitioners and The American Academy of Pediatrics Supporting Petitioners

• El Emam and Yakowitz Respondent Amici Brief

• Sweeney, Patient Privacy Risks in U.S. Supreme Court Case Sorrell v. IMS Health Inc..

• Response Brief for Sorrell (Petitioner)

See SCOTUS for a list of official documents filed before the Supreme Court in this case, some of which are also archived above.