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Data Collection Biometric Information Health Insurance Portability and Accountability Act (HIPAA)

Clark Hill PLC

Right To Know - August 2024, Vol. 20

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Davis Wright Tremaine LLP

Kentucky Consumer Data Protection Act Signed Into Law

On April 4, 2024, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection Act (the "KCDPA" or "Act"), which takes effect January 1, 2026. The KCDPA maps in large part to the Virginia Consumer Data...more

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

Paul Hastings LLP

Biometrics Litigation Update: Washington Is Poised to Become a New Frontier for Private Litigants

Paul Hastings LLP on

In just a few short weeks, a new front may emerge for biometrics litigation in the United States. On March 31, 2024, the My Health My Data Act (“MHMDA”) will go into effect in Washington for most entities that conduct...more

Husch Blackwell LLP

Proposed State Privacy Law Update: February 5, 2024

Husch Blackwell LLP on

Keypoint: It was a busy week for committee hearings as the 2024 session picked up speed heading into February. Below is the second weekly update on the status of proposed state privacy legislation in 2024....more

King & Spalding

New Jersey Enacts Privacy Law

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On January 8, 2024, New Jersey’s State Legislature passed the Disclosure and Accountability Transparency Act (the “Data Act”). Following Governor’s signature within 45 days, the Data Act would take effect one (1) year after...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

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

Troutman Pepper 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

Morgan Lewis - Health Law Scan

Illinois Supreme Court Holds Healthcare Employee Fingerprint Data Exempt from BIPA

In the first win for defendants facing Illinois Biometric Information Privacy Act (BIPA) litigation before the Illinois Supreme Court, the Court in Mosby v. Ingalls Memorial Hospital held that BIPA excludes from its...more

Jackson Lewis P.C.

Illinois BIPA’s Healthcare Exemption Not Limited to Patient Information, Illinois Supreme Court Rules

Jackson Lewis P.C. on

Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric...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

McCarter & English, LLP

Are You Ready? How CCPA-Regulated Businesses Can Plan for Compliance with California’s Forthcoming Cybersecurity Regulations

The California Privacy Protection Agency (CPPA) released initial draft regulations for cybersecurity audits (which have since been amended) and risk assessments late this summer. The agency’s board of directors addressed the...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

Vedder Price

Illinois Supreme Court: Collection of Biometric Data for Health Care Treatment, Payment, or Operations Is Exempt from BIPA

Vedder Price on

On November 30, 2023, the Illinois Supreme Court issued a much-anticipated decision in Mosby v. The Ingalls Memorial Hospital, answering a certified question about whether biometric information collected from health care...more

Dunlap Bennett & Ludwig PLLC

The Complexity Of Digital Privacy Law—Insights And Implications

The digital age has ushered in a host of transformative opportunities for businesses, from enhanced customer engagement through data analytics to streamlined operations via digital platforms. However, this digital...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

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

Dorsey & Whitney LLP

Broad New Washington Privacy Law Requires Immediate Compliance Action

Dorsey & Whitney LLP on

Companies may face class action lawsuits as early as July 2023 based on Washington’s new privacy law. Governor Jay Inslee recently signed House Bill 1155, the WA My Health, My Data Act (“MHMDA” or “the Act”), giving companies...more

Holland & Knight LLP

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

Holland & Knight LLP on

The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to...more

Jackson Lewis P.C.

Washington State’s My Health, My Data Act Sent to Governor

Jackson Lewis P.C. on

Since the privacy and security regulations were issued under the federal Health Insurance Portability and Accountability Act (HIPAA), critics pointed to the limitations on the reach of those rules. A critical limitation...more

Husch Blackwell LLP

Analyzing the Washington State My Health My Data Act

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Keypoint: In the aftermath of the Supreme Court’s Dobbs decision, Washington legislators introduced legislation to enhance privacy protections for consumer health data. In early March, lawmakers in Washington state’s House...more

Manatt, Phelps & Phillips, LLP

Client Alert: Illinois’s Biometric Law (BIPA) Reminds Us Again of Privacy and Security Vendor Risks

Synopsis: While certain industries have been able to navigate the explosion of privacy laws in recent times through express statutory exemptions or exceptions (often due to other regulatory regimes being in place, such as the...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

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