On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely to have significant influence on the rapid development of AI regulation in other jurisdictions including in the United
Data Privacy
AI Notetakers – Evaluating the Risks Along with the Benefits
The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe, and organize the content discussed at meetings (virtual or otherwise), enabling participants to more meaningfully participate in the meeting/discussion. They can…
President’s Executive Order Seeks to Protect Certain “Bulk Sensitive Personal Data” from “Countries of Concern”
On February 28, 2024, President Biden issued an Executive Order (EO) seeking to protect the sensitive personal data of Americans from potential exploitation by particular countries. The EO acknowledges that access to Americans’ “bulk sensitive personal data” and United States Government-related data by countries of concern can, among other things:
…fuel the creation and refinement…
Sanction Policies Can Help Drive Cybersecurity and HIPAA Compliance, OCR Says
Many HIPAA covered entities and business associates struggle with developing and implementing a sanctions policy. What should it say, is zero-tolerance required, do we have to impose discipline in every case, etc. These are examples of frequent and thorny questions that arise in connection with the development and implementation of these policies. But they are…
Transatlantic Transfers of Personal Data: Transferring a Privacy Shield Certification to the New EU-U.S. Data Privacy Framework
Effective July 10, 2023, the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) replaced the invalidated EU-U.S. Privacy Shield framework (“Privacy Shield”). Participating U.S. organizations can now receive personal data transferred from the European Economic Area in compliance with the EU General Data Protection Regulation and without being subject to further conditions.
Similar to the Privacy…
OCR Official Speaks About Compliance Concerns for HIPAA Covered Entities and Business Associates
What do ransomware, Yelp, and website tracking technologies all have in common? They are troubling areas of concern for HIPAA covered entities and business associates, according to one official from the federal Office for Civil Rights (OCR) which enforces the HIPAA privacy and security rules. Recently, the Executive Editor of Information Security Media Group’s (ISMG’s)…
ChatGPT and HIPAA, Caution is Needed, Even ChatGPT Says So!
Recently, things may have sped up a little in your doctor’s office. The notes for your recent visit may have been organized and filed a little more quickly. You might have received assistance sooner than expected with a physician letter to your carrier concerning a claim. You also may have received copies of those medical…
HHS and FTC Send Joint Letter to 130 Hospital Systems, Telehealth Providers Re: Tracking Technologies
The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of technologies, such as the Meta/Facebook pixel and Google Analytics, that can track a user’s online activities. We have summarized each…
California Superior Court Put the Brakes on Enforcement of California Privacy Rights Act
In March 2023, the California Chamber of Commerce filed a Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief against the California Privacy Protection Agency (CPPA), the agency tasked with implementation and enforcement of the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act (CCPA).
The writ sought to…
Nevada’s Governor Signs Health Data Privacy Act
On June 16, 2023, Nevada’s Governor signed Senate Bill (SB) 370, which enacts certain protections for consumer health data.
The law is similar to Washington’s My Health, My Data Act, which was passed in April. The Future of Privacy Forum prepared a useful chart comparing the Washington and Nevada laws.
Nevada’s law…