The California Consumer Privacy Act (“CCPA”) has only been in effect since January, but amendments are already on the horizon. Personal information in the employment context was highly contested during the CCPA’s amendment process prior to enactment and has continued to be a point of deliberation even after the CCPA’s effective date.
In its current
The National Security Agency (NSA) recently released helpful guidance on how to effectively limit location data exposure for its staffers, which also can be helpful information for the general public. Businesses likely will have different perspectives about location data than the NSA, which is trying to protect its staffers and its vital national security missions.
A little more than one year ago, we reported on a settlement (Cassell et al. v. Vanderbilt University, et al.) involving the alleged wrongful use of personal information belonging to retirement plan participants, claimed to be “plan assets.” This year, similar claims have been made against Shell Oil Company in connection with its 401(k) plan.
On January 1, 2020 the California Consumer Privacy Act (CCPA) took effect. Largely considered the most expansive U.S. privacy law to date, there has been much anticipation over the impact the law will have on the privacy litigation landscape. Although the California Attorney General’s (“AG”) enforcement authority only begins on July 1, this has not
As we recently reported, the privacy-right activist group that sponsored the California Consumer Privacy Act (“CCPA”) – Californians for Consumer Privacy – is pushing for an even more stringent privacy bill, the California Privacy Rights Act (“CPRA”). The CRPA has now qualified for the November 3, 2020 ballot, gathering more than 600,000 valid signatures as
Most companies continue to grapple with compliance with the California Consumer Privacy Act (“CCPA”), which went into effect in January. Companies have overhauled their privacy programs and policies and designed new systems to comply with the CCPA.
Now, the privacy-right activist group that sponsored the CCPA – Californians for Consumer Privacy – is pushing for
With California’s mandatory COVID-19 stay-at home orders impacting some 40 million people by forcing the vast majority of them to connect remotely to work, go to school, order necessities, socialize and do many other things, California’s Attorney General Xavier Becerra recently issued an alert reminding consumers of their privacy rights and to encourage them to
As the COVID-19 pandemic presses on, legislators and regulators continue to remind the public of the importance of data security and privacy protections. On April 30th, U.S. Senator Roger Wicker (R-Miss), Chairman of the Senate Committee on Commerce, Science, and Transportation, announced plans to introduce (jointly with several co-sponsors) the COVID-19 Consumer Data
As the coronavirus spreads across the globe and in the United States, providers, businesses, employers, and others are struggling to understand what medical information they can collect and what information they can share. These are difficult questions the answers to which involve considering factors such as long-standing compliance requirements (e.g., HIPAA, ADA, GINA, state law), the unprecedented times we are in, business risk, and common sense. Government is trying to act to relieve some of these challenges, but questions still remain.
HIPAA Privacy Rule Waiver of Penalties and Sanctions
Effective March 15, 2020, for example, Secretary of the U.S. Department of Health and Human Services (HHS) Alex M. Azar (Secretary) waived certain penalties and sanctions under the HIPAA Privacy Rule against hospitals in its March 2020 COVID-19 and HIPAA Bulletin. These waivers were issued in response to President Donald J. Trump’s declaration of a nationwide emergency concerning COVID-19, and the Secretary’s earlier declaration of a public health emergency on January 31, 2020. The Secretary’s guidance makes clear that the Privacy Rule is not suspended during this crisis and provides guidance about the ability of entities covered by the HIPAA regulations to share information, including with friends and family, public health officials, and emergency personnel. But, in the following areas, the Secretary has waived sanctions and penalties against covered hospitals that do not comply with the following provisions of the HIPAA Privacy Rule:
The waiver became effective on March 15, 2020, and there is more information and access to resources in the Bulletin about where it applies and for how long.
Reminder About What Entities Are Covered Entities and Business Associates
As part of its guidance on HIPAA privacy and disclosures in emergency situations, the Bulletin reminds readers what entities are covered by these rules – covered entities and business associates. There can be some tricky questions here, but these are the basic rules from the Bulletin:
The HIPAA Privacy Rule applies to disclosures made by employees, volunteers, and other members of a covered entity’s or business associate’s workforce. Covered entities are health plans, health care clearinghouses, and those health care providers that conduct one or more covered health care transactions electronically, such as transmitting health care claims to a health plan. Business associates generally are persons or entities (other than members of the workforce of a covered entity) that perform functions or activities on behalf of, or provide certain services to, a covered entity that involve creating, receiving, maintaining, or transmitting protected health information. Business associates also include subcontractors that create, receive, maintain, or transmit protected health information on behalf of another business associate. The Privacy Rule does not apply to disclosures made by entities or other persons who are not covered entities or business associates (although such persons or entities are free to follow the standards on a voluntary basis if desired). There may be other state or federal rules that apply.
Employers are Not Covered Entities or Business Associates – But Still Have Privacy and Confidentiality Obligations
When conducting its business, an organization can be a HIPAA covered entity and/or a business associate. However, when that business is functioning as an employer, it is neither a HIPAA covered entity nor a business associate, although it may sponsor a covered health plan subject to the HIPAA privacy and security rules. As organizations face the coronavirus threat to their workforce and their business, many questions arise about the collection, processing, and disclosure of medical information from employees, their family members, and visitors to their facilities. These can be thorny questions and organizations should seek qualified counsel, but here are some general rules:
When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic?
Continue Reading HIPAA Privacy Rule Waiver, Other Medical Information Questions During the COVID-19 Pandemic
Earlier this month, California Attorney General (“AG”) Xavier Becerra sent a letter to several members of U.S. Congress, providing an update on the implementation of the newly effective California Consumer Privacy Act (CCPA), and urging Congress not to enact a federal law that would preempt the CCPA and other state consumer privacy measures. Instead, AG