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Health Privacy

HHS and FTC Expanding Technology, Privacy, and Cybersecurity Divisions

March 23, 2023 By Sara Guercio

In recent weeks, FTC and HHS have announced expansion of the operational areas of their organizations that are dedicated to enforcement of laws and regulations related to technology, privacy, and cybersecurity. On February 17, 2023, the FTC announced the creation of a new Office of Technology in order to “strengthen the FTC’s ability to keep […]

Filed Under: ePrivacy, FTC, Health Privacy, HHS, Online Privacy, Privacy, Regulation

Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services

February 9, 2021 By Jon Knight and Kate Hanniford

As the Biden administration begins detailing its regulatory and enforcement priorities, it faces a new challenge on the health data privacy and security front.  In University of Texas M.D. Anderson Cancer Center v. United States Department of Health and Human Services, No. 19-60226 (5th Cir. 2021), the Fifth Circuit vacated a $4.3 million penalty against […]

Filed Under: Enforcement, Health Privacy, HHS, Regulation

New Law Requires HHS to Consider Recognized Security Practices as Mitigating Factor When Determining Penalties

January 21, 2021 By Privacy, Cyber & Data Strategy Team

On January 5, 2021, the president signed into law H.R. 7898, an Act that amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Secretary of Health and Human Services (HHS) to consider specific recognized security practices of covered entities and business associates when making certain determinations regarding fines, penalties, […]

Filed Under: Data Security, Enforcement, Health Privacy, HHS Tagged With: HHS, HIPAA, HITECH, National Institute for Standards and Technology (NIST)

California Mandates COVID Exposure and Outbreak Reporting to Employees, Government Agencies

September 23, 2020 By Daniel Felz and Privacy, Cyber & Data Strategy Team

On Thursday, September 17, 2020, California Governor Gavin Newsom signed Assembly Bill 685 (“AB685”) into law.  AB685 amends a number of portions of California’s Labor Code to address the COVID-19 pandemic.  In addition to provisions that regulate reopening activities at California worksites, AB685 introduces two new COVID-related notification obligations for California employers: (1) a requirement […]

Filed Under: Advisories, California, Cybersecurity, Health Privacy, Online Privacy, Privacy, Regulation Tagged With: Behavioral Tracking, Big Data, cybersecurity, Health Information Security, Regulatory Enforcement

Proposed Federal Privacy Legislation Tackles COVID-19 Data

May 21, 2020 By Jon Knight

Data collection and analysis is becoming a key weapon in the fight against COVID-19 both here in the United States and around the globe.  But as governments and tech companies roll out a variety of applications and contact tracing tools, legislators from both sides of the political aisle are questioning how to handle the data […]

Filed Under: Health Privacy, Legislation, Mobile Privacy, Privacy Tagged With: Coronavirus, COVID-19, privacy legislation, private right of action

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Recent Posts

  • HHS and FTC Expanding Technology, Privacy, and Cybersecurity Divisions
  • The EU Supervisory Authorities’ Coordinated Enforcement Action in the EU: This Year It’s All About DPOs
  • New NAIC Consumer Privacy Model Law Proposed for Insurers
  • California Privacy Protection Agency Issues Invitation for Preliminary Comments on Proposed Rulemaking on Risk Assessments, Cybersecurity Audits, and Automated Decisionmaking
  • California Privacy Protection Agency Approves CCPA Regulations
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