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Dalhousie Journal of Legal Studies

Article Title

Th Eye Inside: Remote Biosensing Technologies in Healthcare and the Law

Abstract

This article focuses on the potential legal impacts of healthcare technologies that can record and remotely transmit biometric data, what the author calls Remote Biosensing Technologies. The legal relevance of remotely recorded biometric data is explained by examining how it can be used in three legal contexts: personal injury cases, search warrants, and informed consent. Within each of these contexts, the author draws from Canadian case law to show how existing legal principles can be modified when dealing with Remote Biosensing Technologies to protect privacy and autonomy while also maximizing the legal utility of the resulting data. The author concludes with recommendations aimed at achieving the immense medical potential made possible by Remote Biosensing Technologies while avoiding the potential harms to individual autonomy posed by the application of the legal gaze.

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