A Hard Pill to Swallow: Privacy Implications of Direct-to-Consumer Prescription Drug Services

Authors

Varsha Challapally, Southern Methodist University, Dedman School of LawFollow

Abstract

This case note discusses the emergence and popularity of direct-to-consumer prescription drug services and evaluates their privacy implications on consumers. Minimal regulation exists regarding direct-to-consumer prescription drug services, and patient privacy and data protection laws are also limited. Proponents of these services claim that they allow certain prescription drugs to be available to consumers without the hassle and logistics of health insurance and making and attending medical appointments, effectively empowering individuals to take control of their own health. Alternatively, critics claim that direct-to-consumer prescription drug services are operated by private companies that are not always required to be compliant with patient health privacy and laws, creating the potential for disastrous effects on sensitive health information. This case note evaluates the popularity of these services, analyzes how the way direct-to-consumer prescription drug services are marketed may have an impact on consumer privacy, current and pending litigation surrounding data breaches and privacy issues, and their overarching implications on patient and consumer privacy.

Recommended Citation

Varsha Challapally, A Hard Pill to Swallow: Privacy Implications of Direct-to-Consumer Prescription Drug Services, 27 SMU Sci. & Tech. L. Rev. 105 (2024)