What constitutes evidence?
My most recent Slate Money podcast with Felix Salmon and Jordan Weissmann was more than usually combative. I mean, we pretty much always have disagreements, but Friday it went beyond the usual political angles.
Specifically, Felix thought I was jumping too quickly towards a dystopian future with regards to medical data. My claim was that, now that the ACA has motivated hospitals and hospital systems to keep populations healthy – a good thing in itself – we’re seeing dangerous side-effects involving the proliferation of health profiling and things like “health scores” attached to people much like we now have credit scores. I’m worried that such scores, which are created using data not covered under HIPAA, will be used against people when they try to get a job.
Felix asked me to point to evidence of such usage.
Of course, it’s hard to do that, partly because it’s just the beginning of such data collection – although the FTC’s recent report pointed to data warehouses that already puts people into categories such as “diabetes interest” – and also because it’s proprietary all the way down. In other words, web searches and the like are being legally collected and legally sold and then it’s legal to use risk scores or categories to filter job applications. What’s illegal is to use HIPAA-protected data such as disability status to remove someone from consideration for a job, but that’s not what’s happening.
Anyhoo, it’s made me think. Am I a conspiracy theorist for worrying about this? Or is Felix lacking imagination if he requires evidence to believe it? Or some combination? This is super important to me because if I can’t get Felix, or someone like Felix, to care about this issue, I’m afraid it will be ignored.
This kind of thing came up a second time on that same show, when Felix complained that the series of articles (for example this one from NY Magazine) talking about money laundering in New York real estate also lacked evidence. But that’s also tricky since the disclosure requirements on real estate are not tight. In other words, they are avoiding collecting evidence of money laundering, so it’s hard to complain there’s a lack of data. From my perspective the journalists investigating this article did a good job finding examples of laundering and showing it was easy to set up (especially in Delaware). But Felix wasn’t convinced.
It’s a general question I have, actually, and I’m glad to be involved with the Lede Program because it’s actually my job to think about this kind of thing, especially in the context of journalism. Namely, when do we require data – versus anecdotal evidence – to believe in something? And especially when the data is being intentionally obscured?