News & Analysis as of

Biometric Information Healthcare Health Insurance Portability and Accountability Act (HIPAA)

Gardner Law

Amidst Legal Fight, HHS Revises Online Tracking Guidance

Gardner Law on

On March 18, 2024, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued revised guidance on the use of tracking technologies by HIPAA-covered entities and business associates....more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

ArentFox Schiff on

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

Epstein Becker & Green

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

Epstein Becker & Green on

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

Troutman Pepper Locke

Illinois Supreme Court Rules That Health Care Worker Finger Scans Are Exempt From BIPA

Troutman Pepper Locke on

On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more

Epstein Becker & Green

BIPA Excludes Health Care Workers Engaged in Treatment, Payment, or Operations

Epstein Becker & Green on

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

McDermott Will & Emery

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

McDermott Will & Emery on

On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more

Cozen O'Connor

A Big Win For BIPA's Health Care Exclusion

Cozen O'Connor on

On November 30, 2023, in a unanimous decision, the Illinois Supreme Court issued its decision in the consolidated cases Mosby v. Ingalls Memorial Hospital, et al., and Mazya v. Northwestern Memorial Health Care, No 2023 IL...more

Hogan Lovells

U.S. Senator requests information on ways to improve privacy protections of health data

Hogan Lovells on

Adding to the growing trend of policymakers interested in regulating health and wellness data, last week U.S. Senator Bill Cassidy requested stakeholder feedback to help identify solutions to modernize HIPAA and ensure all...more

Perkins Coie

Washington State’s New My Health My Data Act Will Likely Result in Insurance Coverage Disputes

Perkins Coie on

Washington state recently passed the My Health My Data Act (the Act), which will almost certainly lead to an explosion of consumer lawsuits and follow-on insurance coverage disputes. The measure is intended to protect...more

Quarles & Brady LLP

Diving into the Washington My Health My Data Act - Part Three: Broad Scope of Consumer Health Data

Quarles & Brady LLP on

This is Part Three in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating tidal waves in the...more

Perkins Coie

New My Health My Data Act Part 3: The Wide Reach of the New Washington Privacy Legislation

Perkins Coie on

This Update is the third installment of the ongoing series covering Washington state’s new My Health My Data Act (the Act). Part 1 provided a high-level outline of the entities regulated under the Act and the corresponding...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 2, February 2023

Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases - “The case involves Ohio-based fast-food company White Castle.” Why this is important: Illinois has the strictest biometric privacy law in the...more

Foley Hoag LLP - Security, Privacy and the...

Thirty-Three State Attorneys General Show Support for FTC’s Proposed Crackdown on “Commercial Surveillance”

On August 22, 2022, the Federal Trade Commission (“FTC”) indicated through the Advanced Notice of Proposed Rulemaking its intent to limit commercial surveillance – the common corporate practice of collecting, analyzing, and...more

Polsinelli

Mobile Health Devices and Cybersecurity: Federal Guidance for Management of Threats in Medical Devices

Polsinelli on

New Technology = New Threats - With new technology comes new security concerns. But when that new technology is in the medical field, the cybersecurity vulnerabilities can be particularly devastating. The...more

BakerHostetler

State Law Roundup: Legislatures Across the U.S. Revamp Data Breach Notification Laws

BakerHostetler on

As the number of highly publicized data breaches continues to skyrocket and proposals for a federal data breach notification law stagnate, state legislatures around the country have been busy amending their own breach...more

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