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The Top 10 Privacy Law Issues From Last Month

These are the top 10 things you need to know from from the world of privacy last month, as compiled by me. •Texas means business when it comes to biometrics. The Texas Attorney General recently secured a $1.4 billion...more

Top 5 Privacy Concerns for My Clients

What are the top 5 data privacy concerns for my clients the past couple of months? Here are some notes I recently compiled for a meeting of Fox Rothschild’s national Privacy Law Practice Group. Patchwork Paralysis - •How...more

Oregon Passes State Privacy Law

The state of Oregon has passed a comprehensive data protection law (SB0619), which will go into effect in July 2024. What do you need to know about SB0619, also known as the Oregon Consumer Privacy Act?...more

California Is Going for Broke(r)

The DELETE Act (SB 362) has passed the California Legislature and is awaiting Governor Gavin Newsom’s signature. What do you need to know? You may be a data broker without realizing it: •The law applies to any business...more

The FTC is Looking to Protect Health Information… and More

The Federal Trade Commission has published a detailed blog post on health information, setting the stage for future enforcement … and not just regarding health information. There is some eye opening takeaways in it, making...more

Washington’s My Health, My Data Law: What You Need to Know

Washington Governor Jay Inslee has signed the My Health, My Data Act into law. Here are some key takeaways. Approach to privacy: The people of Washington regard their privacy as a fundamental right and an essential...more

US Privacy Laws and Legislation: What You Need to Know

“The times they are a-changin’,” Bob Dylan sang almost 60 years ago. And when it comes to consumers’ reasonable expectations of privacy, they are still a-changin. I recently participated in a panel hosted by Usercentrics...more

Data Privacy Day: 15 Tips to Keep in Mind for the Coming Year

Data Privacy Day is this weekend. Here are some tips and pointers individuals and businesses should keep in mind going forward. 1. Transparency is front and center for regulators in the United States and Europe, so if...more

Deidentification vs Anonymization: What Is Enough?

For deidentification under the traditional laws like HIPAA, removal of identifiers qualifies. That was a key facet of what I discussed last week on an anonymization panel during the IAPP Europe Data Protection Congress...more

Beware of Third-Party Trackers Like Meta Pixel. Ignoring Them Could Be Costly.

If you are dealing with sensitive information of any kind (yes, this includes precise geolocation, ethnicity, sexual orientation, etc), but especially health information (and yes, reproductive health information too), do...more

HIPAA Covers a Lot Less Than People Think. But Beware of Other US Privacy Laws.

The Health Insurance Portability and Accountability Act of 1996 may be the most well-known privacy law in the United States, but it is also one of the most misunderstood....more

Illinois’ Biometric Information Privacy Act Is Coming for Hospitals, Long-Term Care Providers

Hey hospitals, retirement homes and clinics! If you are using biometrics to control medication dispensing systems, then Illinois’ Biometric Information Privacy Act then (BIPA) has news for you....more

To Avoid Punitive Damages for a Data Breach in Connecticut, You Need to Try

In Connecticut, if you adopt and maintain and comply with written cybersecurity program that contains administrative, technical and physical safeguards for the protection of personal or restricted information and that...more

Colorado Joins List Of States Proposing Privacy Laws

Colorado has introduced the “Colorado Privacy Act” bill (SB21-190). Key things to note: •Recital notes that the “EU GDPR is emerging as a model for countries across the globe in data privacy.” ...more

Non-HIPAA Health Data: eHI And EDT Propose Self-Regulatory Framework

Key principles Definitions- •Aggregated data and de-identified data: Uses definitions similar to that in the California Consumer Privacy Act (CCPA) requiring a public commitment not to re-identify and contractual...more

Senate Democrats Introduce A Second Federal COVID-19 Privacy Bill

Following on the heels of the COVID–19 Consumer Data Protection Act of 2020, a bill recently filed by Republican Senators, Democratic Sens. Richard Blumenthal and Mark Warner introduced the "Public Health Emergency Privacy...more

FTC Considers Amending Its Health Breach Notification Rule

Is the Federal Trade Commission (FTC) considering amending its health data breach notification rule? “The Federal Trade Commission is seeking comment on whether proposed changes should be made to a decade-old rule that...more

CA Senate Proposes Expanded CCPA Carve-Outs Related To HIPAA, Biomedical Research

On the sixth day of CCPA the California Senate Health Committee gave to me … a HIPAA carve-out. AB 713, reported favorably by the California Senate Health Committee, would expand the exemption related to HIPAA and medical...more

Where HIPAA Stops, CCPA Begins

Why Covered Entities and Business Associates Cannot Ignore the New California Data Privacy Law- The California Consumer Privacy Act (CCPA) applies to a wide range of for-profit businesses that collect the personal...more

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