The Centers for Medicare & Medicaid Services (CMS), in conjunction with the HHS Office for Civil Rights (OCR), has recently issued an updated tipsheet on conducting a security risk assessment for health care providers participating in CMS’s Electronic Health Records (EHR) Incentive Programs. To receive incentive payments through the program, providers must demonstrate meaningful use […]
Privacy & Cyber Regulatory Enforcement
New York Court Upholds Constitutionality of NSA Metadata Collection
On December 27, ruling in American Civil Liberties Union v Clapper, No. 13 Civ. 9334 (S.D.N.Y. Dec. 27, 2013), federal district Judge William H. Pauley III granted the government’s motion to dismiss a complaint brought by the ACLU challenging the constitutionality of the NSA’s bulk collection of telephone metadata. Telephone metadata consists of the record […]
NSA Collection of Metadata Ruled Unconstitutional
On December 16, Federal District Judge for the District of Columbia Richard Leon held the National Security Administration’s collection of telephone metadata to be an unconstitutional invasion of privacy under the Fourth Amendment. Previous challenges to governmental collection of telephone metadata have met with failure, and the ruling marks the first time a federal court […]
Privacy Partners Paul Martino and Dominique Shelton Author Law360 Article on Proposed California Guidance for Do-Not-Track Disclosures
Today, Paul Martino and Dominique Shelton, partners in Alston and Bird’s Privacy and Security practice and respective members of the firm’s Legislative & Public Policy and Litigation and Trial Practice groups, co-authored the Law360 article, “Inside Calif.’s Proposed Guidance For Do-Not-Track Law.” In the article, Martino and Shelton address the potential impact of the meeting held for interested […]
FTC Denies LabMD’s Motions to Stay Pending Administrative Action
In the ongoing Federal Trade Commission (“FTC”) proceeding against LabMD, Inc. (“Lab MD”), the FTC recently denied LabMD’s attempts to stay the proceeding pending the outcome of the company’s separate requests for injunctive relief pending before the U.S. District Court for the District of Columbia and petition for review before the U.S. Court of Appeals for […]