Since the first comprehensive state data privacy law went into effect in California in 2020, 18 other states have enacted comprehensive data privacy laws, with 14 others currently moving through their respective state legislative process. The proliferation of such state laws is happening at a breakneck pace, and leaving in their wake regulated entities who […]
Health Privacy
Top Ten Takeaways from California AG’s Healthcare AI Advisory
On January 13, 2025, California Attorney General (“AG”) Rob Bonta issued an advisory describing providers’ and businesses’ obligations related to the development, sale, and use of artificial intelligence (“AI”) and automated decision systems (“ADS”) in the healthcare industry (“Advisory”). The Advisory puts healthcare providers, insurers, and businesses serving the healthcare industry on notice of the […]
California Joins the Neural Data Bandwagon
On August 31, the California assembly passed SB1223, which amends the CCPA/CPRA to include “neural data” as a type of sensitive data. SB1223, which is likely to become law, defines “neural data” as “information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is not inferred from […]
New York State Department of Health Revises Proposed Hospital Cybersecurity Regulations
In May 2024, the New York State Department of Health (“NYSDOH”) issued revisions to proposed regulations on hospital cybersecurity that it first released in November 2023. The proposed revised regulations are subject to public comment ending on July 1, 2024, and would apply to general hospitals licensed under Article 28 of the NYS Public Health […]
More Guidance from HHS on Online Tracking Technologies but Questions Remain
Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”). The Updated Guidance amends and supersedes HHS’s original guidance on the use of digital tracking technologies published on December 1, 2022 (the “Prior Guidance”). […]