In Bloomberg Law, Health Care Attorney Addresses Research Rules for Clinical Trials and Mobile Apps

Health care associate David Peloquin (Boston) was quoted in a Bloomberg Law article published on August 30 that discusses how exculpatory language that is prohibited by clinical research regulations often appears in user agreements of mobile apps and devices that are used in research studies, such as Fitbits and Apple Watches.

Boilerplate consent form language often promises clinical trial participants their data will not leave the study site. However, user agreements for apps and devices typically allow companies to take that data and use it elsewhere for research.

Mr. Peloquin explains that a change in the mobile app user agreement might include removing consent form language that says all the information will remain at the clinical study site.