These are the top 10 things you need to know from the world of privacy last month, as compiled by me.
- Texas means business when it comes to biometrics. The
The Latest Developments in Global Data Privacy Law, and Data Breach Prevention and Response
These are the top 10 things you need to know from the world of privacy last month, as compiled by me.
The Kids Online Health and Safety Task Force, which is co-led by the U.S. Department of Health and Human Services’ (HHS) Substance Abuse and Mental Health Services Administration (SAMHSA) and…
Continue Reading Kids Online Health and Safety Task Force Releases New Guidance for Families, IndustryThe White House recently published a fact sheet for President Biden’s Executive Order on Artificial Intelligence.
What does this mean to companies in the private sector? And what does it…
Continue Reading President Biden’s Executive Order on AI: Key TakeawaysAs if compliance with the various federal privacy and data security standards weren’t complicated enough, we may see state courts begin to import these standards into determinations of privacy actions…
Continue Reading HIPAA Does Not Preempt State Privacy Cause of Action But May Represent “Standard of Care”, Says Connecticut Supreme Court
As a regulatory lawyer, I frequently find myself parsing words and phrases crafted by legislators and agencies that, all too often, are frustratingly vague or contradictory when applied to a…
Continue Reading Will Unearthing the FTC’s Data Security Standards Help the Health Care Industry?
Imagine you have completed your HIPAA risk assessment and implemented a robust privacy and security plan designed to meet each criteria of the Omnibus Rule. You think that, should you…
Continue Reading The Wild West of Data Breach Enforcement by the Feds
The below originally appeared on our HIPAA, HITECH & HIT blog on October 1. It is authored by our partner, Michael Kline. You can contact Michael at mkline@foxrothschild.com.…
Continue Reading A Business Associate Agreement Dilemma: To Indemnify or Not to Indemnify – Ten Considerations
SAIC’s recent Motion to Dismiss the Consolidated Amended Complaint filed in federal court in Florida as a putative class action highlights the gaps between an incident (like a theft) involving PHI, a determination that a breach of PHI has occurred, and the realization of harm resulting from the breach.
Continue Reading The SAIC Breach and a Look Across the Chasm Between Significant Risk and Actual Harm Resulting from a HIPAA Breach