ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
This year has been active on the state “comprehensive” privacy law front. Seven states passed new laws in 2023 (Delaware, Iowa, Indiana, Tennessee, Montana, Florida, and Oregon). These states joined California, Connecticut,...more
12/27/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Governor Newson recently signed two amendments to the CCPA strengthening protections for certain data types. The changes go into effect January 1, 2024....more
After some delay, Delaware’s governor has at last signed into law the thirteenth state comprehensive privacy law. This is the seventh law passed in 2023, joining Iowa, Indiana, Tennessee, Montana, Florida, and Oregon. The law...more
As more and more states are enacting privacy laws, organizations in the health care industry may be wondering what the impact these laws will have on them. At this point, there are privacy laws in 12 states, with one more...more
The FTC and OCR at HHS are continuing to scrutinize the use of tracking technologies that may reveal information about a person’s health or health status. Both agencies recently sent a letter to a reported 130 hospitals and...more
7/25/2023
/ Data Collection ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Digital Health ,
Electronic Medical Records ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
OCR ,
Popular ,
Privacy Laws ,
Section 5 ,
Telehealth ,
Tracking Systems
The FTC recently proposed amendments to the Health Breach Notification Rule (HBNR). This is on trend with its aggressive interest over the last couple of years in health data not covered by HIPAA....more
6/27/2023
/ Breach Notification Rule ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Health ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Medical Records ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments
Companies may want to review their consumer rights processes as we approach July 1. This is the date of enforcement for those parts of CCPA modified by CPRA. It is also the effective date of two more state privacy laws:...more
Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy...more
6/13/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Florida ,
Governor DeSantis ,
Online Safety for Children ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Right-To-Access ,
Social Media ,
State Privacy Laws
On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. This law, named the “My Health My Data Act,” covers a very wide range of entities,...more
Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical...more
The California Privacy Protection Agency (CPPA) Board recently met and unanimously voted to finalize the proposed final CPRA regulations. This approved version was first released in January and updated those released in...more
Two states recently passed laws with specific data security requirements for entities that are gaming operators or licensees. These new regulations in Nevada and Massachusetts add to the already complex set of data security...more
On Friday, February 3, the CPPA is scheduled to meet about current and forthcoming CPRA regulations. The Board had previously signaled that it expected to finalize the draft regulations in late January or early February 2023....more
The Colorado Attorney General recently released the second set of draft regulations to the Colorado Privacy Act (CPA). In this draft, the AG is seeking specific input on five different topics. There are also a number of...more
12/28/2022
/ Colorado ,
Consent ,
Data Privacy ,
Data Protection ,
Data Security ,
Notice Requirements ,
Opt-Outs ,
Policy Terms ,
Privacy Laws ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General ,
State Privacy Laws
The FTC is closing out 2022 with additional guidance for mobile health app developers signaling its continued interest in this industry. Since 2021, we have seen several steps from the agency demonstrating a focus on...more
12/9/2022
/ Breach Notification Rule ,
Data Privacy ,
Data Protection ,
Digital Health ,
Electronic Medical Records ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
ONC ,
Privacy Laws
Most companies operating websites and mobile apps use some form of tracking technologies on these digital properties. While these types of technologies have been used for some time and serve a variety of purposes, the use of...more
Pennsylvania recently amended its data breach notification law to expand its definition of personal information and provide for a HIPAA exception. The process for providing notice in the event of a username/email breach has...more
The talk of “opt-out preference signals” or global privacy controls (GPC) has been increasing as companies dig into the forthcoming requirements under US “comprehensive” privacy laws. What is an opt-out preference signal? An...more
10/25/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Connecticut ,
Data Privacy ,
Do Not Sell ,
Opt-Outs ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
The FTC recently reminded companies that principles of fairness and the likelihood of harm may in some cases prompt breach notification. This requirement might exist even if state breach notice laws have not been triggered...more
The metaverse has been described as the “next frontier” and the “new era” of healthcare. Although still a loosely defined and relatively broad term, the “metaverse” generally refers to a shared virtual environment accessed by...more
Connecticut just joined California, Colorado, Utah, and Virginia in passing a comprehensive privacy law. The Connecticut Data Privacy Act (CTDPA) goes into effect July 1, 2023, the same time as Colorado’s very similar law...more
5/12/2022
/ California ,
Colorado ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Governance ,
Data Privacy ,
Data Security ,
Enforcement ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
The FTC recently published two new resources for complying with the Health Breach Notification Rule. The Rule requires vendors of personal health records (PHR), PHR-related entities and service providers to these entities, to...more
3/15/2022
/ Breach Notification Rule ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Health ,
Electronic Medical Records ,
Federal Trade Commission (FTC) ,
Healthcare ,
Medical Records ,
Policy Statement ,
Privacy Laws ,
Vendors
The Colorado AG recently issued guidance on practices companies should consider to safeguard consumer data. This guidance was issued in response to companies asking what “reasonable” security means. While noting that the...more
The digital health sector has been rapidly growing, and the demand is not expected to diminish. Those in the industry will want to keep in mind some key legal concerns in the coming year, which we outline in this recent...more