Tag Archives: privacy

OCR is Serious About Patients’ Rights to Access Records, Announcing Enforcement Actions Against 5 Providers

When providers, health plans, business associates, and even patients and plan participants think of the HIPAA privacy and security rules (‘HIPAA Rules”), they seem to be more focused on the privacy and security aspects of the HIPAA Rules. That is, for example, safeguarding an individual’s protected health information (PHI) to avoid data breaches or avoiding … Continue Reading

Michigan Considers Enhanced Data Breach Notification Law

Privacy and security continue to be at the forefront for legislatures across the nation, despite (or perhaps because of) the COVID-19 pandemic.  In late May, with back-to-back amendments, Washington D.C. and Vermont significantly overhauled their data breach notification laws, including expansion of the definition of personal information, and heightened notice requirements.  Now, Michigan may follow … Continue Reading

Will the Public Health Emergency Privacy Act Make it into the Next Stimulus Package?

Despite several attempts, Congress has struggled to push forward a federal consumer privacy law over the past few years. But the COVID-19 pandemic, which has raised concerns regarding location monitoring, GPS tracking and use of health data, has heightened the urgency for federal consumer privacy legislation. In May, a group of Democrats from the U.S. … Continue Reading

Examples of COVID19 Screening, Social Distancing, and Contact Tracing Technologies and Related Legal and Practical Issues

As organizations work feverishly to return to business in many areas of the country, they are mobilizing to meet the myriad of challenges for providing safe environments for their workers, customers, students, patients, and visitors. Chief among these challenges are screening for COVID19 symptoms, observing social distancing, contact tracing, and wearing masks. Fortunately, innovators are … Continue Reading

Legislators and Regulators Weigh in On Privacy and Data Security Protections for Healthcare Providers Amid COVID-19 Pandemic

As they work to combat the surging COVID-19 virus, healthcare providers recently were reminded by legislators and regulators of the importance of data security and privacy protections. On the data security front, U.S. Senators Richard Blumenthal, Tom Cotton, David Perdue, and Mark Warner recently wrote to the Director of the U.S. Department of Homeland Security’s … Continue Reading

Work-From-Home Checklist During the Coronavirus Pandemic

The debate over working from home continues, reaching a high point in 2013 when Marissa Mayer, then CEO of Yahoo, sought to curb the practice. However, as the Coronavirus continues to spread across the U.S., more companies are instructing their employees to work-from-home as a social distancing technique to help contain the spread and remain … Continue Reading

CA Attorney General Updates CCPA Proposed Regulations

Many businesses and their service providers have been awaiting final guidance from the California Attorney General concerning the California Consumer Privacy Act (CCPA). When news came last Friday of a regulatory update (“Update”), there may have been some initial disappointment that the Update did not announce final regulations, but only revisions to existing proposed regulations … Continue Reading

Websites: A Growing Compliance Concern – CCPA, HIPAA, Accessibility, State Laws…

Websites play a vital role for organizations. They facilitate communication with consumers, constituents, patients, employees, and the general public. They project an organization’s image and promote goodwill, provide information about products and services and allow for their purchase. Websites also inform investors about performance, enable job seekers to view and apply for open positions, and … Continue Reading

CCPA Update – Maybe Employees Are “Consumers” After All – Employee PI is Still In Play

Employers, you are not out of the CCPA woods yet. If you have been tracking the proposed amendments to the California Consumer Privacy Act (CCPA), you know that businesses and stakeholders have been clamoring to shape the new sweeping law in a number of ways. We reported earlier this year on some of the potential … Continue Reading

New York Considers Aggressive Consumer Privacy Law

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and it was only a matter of time before the Empire State introduced its own version … Continue Reading

County in PA Faces up to $68 Million in Privacy Related Damages

No industry or sector is immune to privacy or security issues.  This week a jury in a district court in Pennsylvania awarded $1,000 to each of the 68,000 class members who claimed that Bucks County, a county just outside Philadelphia, and several other municipal entities, violated state law by making their criminal records public, in … Continue Reading

More Updates to the CCPA May Be Ahead

Ever since the California Consumer Privacy Act (CCPA) was enacted in June of 2018 it has been in a constant state of revision.   First, in September of 2018, Governor Jerry Brown signed into law Senate Bill 1121, which helped clarify and strengthen the original version of law. Then, in February of 2019, California Attorney General Xavier … Continue Reading

Washington State’s GDPR-like Bill Passes Senate

The California Consumer Privacy Act (CCPA), passed in 2018 and taking effect January 1, 2020, is considered the most expansive state privacy law in the United States, and sparked a flurry of state privacy law legislative proposals, in particular in Washington state. This January, a group of state senators in Washington introduced the Washington Privacy … Continue Reading

NYS Education Department Proposes to Significantly Strengthen Data Security and Privacy Protocol

Co-Author: Gabrielle Bruno Government agencies, businesses, hospitals and universities are the frequent targets of staggering data breaches that can affect millions of individuals. But K-12 schools are also at risk for cyber attacks as they rely more on technology for day-to-day operations and typically maintain a wealth of sensitive information about their students, teachers, administrators … Continue Reading

Actual Harm Not Required to Sue Under Illinois Biometric Information Privacy Law

Earlier today, the Illinois Supreme Court handed down a significant decision concerning the ability of individuals to bring suit under the Illinois Biometric Information Privacy Act (BIPA). In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights under BIPA, in order to qualify as an “aggrieved” person and be entitled to … Continue Reading

California Consumer Privacy Act Amendment Signed Into Law

On September 23, 2018, Governor Jerry Brown signed into law SB-1121 amending certain provisions of the California Consumer Privacy Act of 2018 (CCPA) which was enacted in June of this year. As we reported previously, CCPA will apply to any entity that does business in the State of California and satisfies one or more of … Continue Reading

D.C. Circuit Court Finally Rules on FCC’s 2015 TCPA Order

After two and a half years, the U.S. Court of Appeals for the District of Columbia issued a highly anticipated ruling reviewing the Federal Communications Commission’s (“FCC” or “Commission”) July 2015 Declaratory Ruling and Order (“2015 Order”) in which the FCC issued interpretative guidance on several aspects of the Telephone Consumer Protection Act (”TCPA”). Over … Continue Reading

2-Year Statute of Limitations Applies to HIV Patient’s Privacy Suit

A New Jersey appeals court recently ruled that a two-year statute of limitations applies to a claim by an HIV-positive patient asserting one of his doctors improperly disclosed his medical status to a third party without consent.  The three-judge Appellate Division panel rejected arguments by the doctor that the suit should be dismissed as time-barred … Continue Reading

Retailer Successfully Defends Text Messaging TCPA Claim

Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant retailer. Plaintiff brought this class action seeking $1.8 billion in damages by alleging that the company’s practice … Continue Reading

Six Tips to Consider in Hiring Privacy and Data Security Experts

Facing increasingly pervasive issues relating to privacy and data security companies are faced with what qualifications they should think about when looking to hire experts in these areas, and their role within the company is becoming increasingly vital. Moreover, unlike hiring for other positions it is common that a CEO lacks the knowledge and background … Continue Reading

Employer Denied Access to Employee GPS Data

A federal district court in Indiana recently denied an employer’s motion to compel discovery of employee GPS data in defense of an action brought under the Fair Labor Standards Act (FLSA).   Crabtree v. Angie’s List, Inc. Plaintiffs asserted claims for denial of overtime pay during a one-year period in which they worked as Senior Sales … Continue Reading

Email Privacy Act Introduced With Bi-Partisan Support in the House

On January 9, 2017, lawmakers in the House re-introduced legislation, the Email Privacy Act, which, if enacted, would require the government to obtain a court-issued warrant to access electronic communications, including emails and social networking messages, from cloud providers (e.g., Google, Yahoo) when such communications are older than 180 days. Current law, the Electronic Communications … Continue Reading

SCOTUS Won’t Slime Viacom in Class Action Challenging Tracking Children Online

A class action alleging Viacom illegally obtained and disclosed personally identifiable information from children under the age of thirteen through the Nickelodeon website recently reached the end of line (almost) when the class’ petition for writ of certiorari was denied by the Supreme Court this month. The high court chose not to further define the … Continue Reading
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