henry copeland:

BARBARIANS AT THE GATE: CONSUMER-DRIVEN HEALTH DATA COMMONS AND THE TRANSFORMATION OF CITIZEN SCIENCE

A few state court cases have found patients own their medical records under specific circumstances.118 Unfortunately, the pertinent body of state medical records law generally applies in traditional healthcare settings and seemingly does not govern commercial providers of PHD devices and services, such as purveyors of medical and fitness devices. Courts do not recognize an individual property right in personal information such as one’s name, address, and social security number.119 Commercial databases that hold such information are generally treated as the property of the companies that compiled them.120 In a famous case121 where plaintiffs sought to block a company from disclosing their personal information by selling its mailing lists, Vera Bergelson notes an implicit judicial bias “that, to the extent personal information may be viewed as property, that property belongs to the one who collects it.”122 This bias— if it exists—is reminiscent of the ancient res nullius doctrine from natural resource law, which treated assets such as subsurface mineral deposits and wild animals as unowned until somebody discovers and captures (takes possession of) them.123 “Rarely used today, it let private owners stake claims as in the Klondike gold rush.”124
- www.ncbi.nlm.nih.gov