Any company that has a website that (a) contains videos, (b) uses a third-party analytics company to maintain metrics on page views and/or (c) allows users to “like” videos on the site should pay very close attention to the In re Hulu Privacy Litigation pending in the United States District Court of Northern California. In […]
LabMD’s Federal Court Actions Against the FTC Dismissed
LabMD is back in the news. This time, however, it’s not the FTC’s administrative action against LabMD that’s making headlines. (For information about the administrative action, please see our prior posts here and here.) Instead, LabMD’s federal court actions against the FTC – one in the United States Court of Appeals for the Eleventh Circuit and […]
Investigating International Data Breaches In a Post-Snowden World – Addressing Legal Considerations and Logistical Challenges
Partner Kim Peretti and Senior Associate Kelley Barnaby of Alston and Bird’s Privacy and Data Security Team and Litigation and Trial Practice group have authored a Cyber Alert, “International Data Breach Investigations in a Post-Snowden World – Evolving Legal Obligations and Investigatory Challenges,” with E.J. Hilbert of Kroll. In this article Peretti and Barnaby discuss the evolving international obligations […]
HIPAA Audit Program Returning?
We previously blogged about the Office for Civil Rights’ (OCR) HIPAA Privacy, Security and Breach Audit Program (HIPAA Audit Program) on November 30, 2011, March 7, 2012, and June 26, 2012. On Monday, OCR published a notice in the Federal Register in which it essentially announces the return of its HIPAA Audit Program. In the notice, […]
OCR Issues New Guidance on the HIPAA Privacy Rule and Sharing of Mental Health Information
Late last week, the HHS Office for Civil Rights (OCR) published guidance designed to help health care providers understand when, consistent with the HIPAA Privacy Rule, they may share information related to a patient’s mental health with others. As we have previously written, HHS seeks to balance a patient’s privacy rights in mental health records […]