Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Category Archives: Health IT

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December 2016 Monthly Update

Posted in Cybersecurity / Data Security, Data Breach, Ethics, Government Agencies, Health IT, Privacy, Rules
Kansas Judge Rules that Class Action over CareCentrix Data Breach may Proceed On December 19, 2016, in Hapka v. Carecentrix, the United States District Court for the District of Kansas denied CareCentrix, Inc.’s (CareCentrix) motion to dismiss a class action suit arising from a data breach affecting CareCentrix’s personal and tax information regarding thousands of… Continue Reading

Join us for an ABA Webinar on Evolving HIPAA Issues: Cloud, Mobile Apps, Access, and More

Posted in Cloud Computing, Health IT
Please join Crowell & Moring’s Jodi Daniel and Elliot Golding on January 31, 2017 for an ABA webinar called Evolving HIPAA Issues: Cloud, Mobile Apps, Access, and More This in-person panel discussion (with simultaneous webinar broadcast) will provide perspectives from the HHS Office for Civil Rights (OCR), the former director of the HHS Office of… Continue Reading

Illinois’ First Settlement under Biometric Law; AMA Adopts Principles for Mobile Health Apps; Ecuador to Enact Data Privacy Law

Posted in Cybersecurity / Data Security, Data Breach, Health IT
Illinois State Court Issues First Settlement under Biometric Law On December 1, 2016, the Cook County Circuit Court in Illinois approved what is being reported as the first settlement under the state’s Biometric Information Privacy Act, 740 ILCS 14/1 (BIPA or the Act).  BIPA provides a private right of action against companies that fail to… Continue Reading

Privacy & Cybersecurity Weekly News Update

Posted in Cybersecurity / Data Security, Health IT, Privacy
Hamburg DPA orders WhatsApp to stop sharing data with Facebook; GAO: HHS Needs to Improve is Digital Health Protection Rules; Notice and Choice Becoming Par for the Course for Interest-Based-Ads in Apps German Data Protection Authority of Hamburg orders WhatsApp to stop sharing data with Facebook On September 27, 2016, the Hamburg Commissioner for Data… Continue Reading

OCR Announces Major HIPAA Enforcement Initiative

Posted in Cybersecurity / Data Security, Data Breach, Health IT
The Department of Health & Human Services Office of Civil Rights (“OCR”) announced on August 18, 2016 that it is stepping up enforcement actions related to small breaches.  Although OCR investigates all reported breaches affecting more than 500 people, this new initiative will increase investigations of breaches affecting fewer than 500 people.  As OCR recognizes,… Continue Reading

Upcoming Free Privacy/Cyber Event: Healthy Data Management Webinar

Posted in Cybersecurity / Data Security, Health IT, Privacy
On Thursday, September 8, 2016 from 1:00 PM to 2:00 PM ET Crowell & Moring’s Elliot Golding will be speaking as part of a 60-minute Bloomberg BNA Webinar on Healthy Data Management: Essential Strategies for Governing PHI, PII, and Highly Sensitive Data during an Acquisition or Divestiture.  The panel discussion will cover the information governance… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of July 31

Posted in Cybersecurity / Data Security, Data Breach, Health IT, Privacy, Social Media
‘Privacy Shield’ certifications possible since August 1, 2016; Hamburg DPA aims to challenge ‘Privacy Shield’; EU Court rules on applicability of EU privacy laws to online companies; Pokémon Go violating EU Privacy Laws?; Norwegian DPA criticizes ‘Facebook at Work’; Advocate Health to Pay Largest HIPAA Settlement Ever; FTC Overrules LabMD Dismissal; Banner Health Cyberattack Affects… Continue Reading

Proposals to Protect Health Data Outside of HIPAA

Posted in Health IT, Privacy
Last month, the Office of the National Coordinator for Health Information Technology (“ONC”) sent a report to Congress highlighting the absence of adequate privacy and security safeguards for health data collected by entities not regulated by HIPAA.  For a discussion regarding the next steps to address these privacy and security gaps, please see our recent article in… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of July 3

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Health IT, Privacy
Article 31 Committee approves Privacy Shield; House Cuts FCC Funding Over Attempted Broadband Privacy Regulations; No Charges for Clinton in Data Security Probe; European Commission launches public-privacy partnership on cybersecurity; European Parliament adopts NIS Directive; Privacy Code of Conduct for mHealth app providers finalized; French parliament about to make French Privacy act more severe; Russia… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of June 26

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Health IT, Privacy, Social Media
Adoption of Privacy Shield expected in early July; Federal Court limits VPPA liability; Belgian Court overturns Facebook fine; FTC robocall crackdown; A rare HIPAA criminal conviction; UK’s ICO fines Brexit campaigners for mass text messages; House report calls for national encryption commission. European Commission expects adoption of Privacy Shield for beginning of July European officials… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of June 20, 2016

Posted in Cybersecurity / Data Security, Data Breach, Health IT, Internet of Things, Privacy
Brexit effect on EU and UK Privacy rules; EU and U.S. to strengthen ‘Privacy Shield’; Ponemon Study on Healthcare Data Security; Mobile ad provider fined for deceptive conduct FTC comments on the Internet of Things Brexit – what does it mean for EU and UK Privacy rules? On June 23, 2016, the population of Great… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of May 30, 2016

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Health IT, Privacy
EU-U.S. Agreement on Law Enforcement Data; European Data Protection Supervisor Criticizes Privacy Shield; House Members Criticize FCC Privacy Proposal; NHTSA Targets Automotive Cybersecurity; Yahoo Releases National Security Letters; CareFirst Data Breach Lawsuit Dismissed; FDA Guidance on Data Protection in Investigations EU and U.S. sign Umbrella Agreement on Law Enforcement Data On June 2, 2016, Vera… Continue Reading

FTC’s New Online Quiz: Which Federal Laws Apply to Your App?

Posted in Government Agencies, Government Regulations & FISMA, Health IT, Privacy
On Tuesday, the FTC simultaneously released a “Mobile Health App Interactive Tool” and “Best Practices,” to help mobile health app developers navigate the maze of federal regulation, including data privacy regulation.  The tool walks developers through a series of high level questions about the nature of their app, and uses the answers to those questions… Continue Reading