In 2016, the Department of Health and Human Services’ Office for Civil Rights (OCR) provided a variety of guidance to address the importance of honoring the right of patients to have access to their medical information and not to be over-charged for exercising that right.
Earlier this week, the OCR announced an enforcement action and
Although not a new practice, the application of geofencing continues to increase in sophistication and expand into personal space on an unprecedented scale, jumping beyond commercial retail advertising schemes and diving into the depths of employment, health care, law enforcement, and politics. As the growth of these applications prompt privacy and security concerns, including government
What is this bill? A new bill introduced in the U. S. Senate on March 14, 2019 would require companies to obtain explicit user consent before facial recognition data could be collected and shared. The bill is known as the Commercial Facial Recognition Privacy Act of 2019, and was introduced by Sens. Brian Schatz. D- Hawaii
The California Attorney General is currently on a California tour soliciting public comment on the CCPA.[i] To date, the Attorney General has held public forums in San Francisco (January 8th), San Diego (January 14th) and Riverside (January 24th) and will continue on to Los Angeles (January 25th), Sacramento (February 5th), and Fresno (February 13th).
Recent developments in privacy law and a rise in class action lawsuits related to data collection offer a cautionary tale about understanding legal and ethical boundaries of monitoring “on-the-clock” employee conduct. With a hodgepodge of federal, state, and local legislation governing employee privacy rights, employers are often left to navigate a complicated legal landscape while balancing
On October 16, 2018, the Securities and Exchange Commission (SEC) issued a report on the results of investigations made by the SEC’s Division of Enforcement into nine public companies that were victims of cyber-related frauds. In each case, the SEC investigation focused on whether the target companies had complied with the applicable requirements of the
It seems that most employees and plan participants “think” their retirement money and data are not at risk. This is due, in part, because:
South Carolina has become the first state to enact cybersecurity legislation for the insurance industry.
On May 3, Governor McMaster signed a bill requiring South Carolina insurers to “develop, implement, and maintain a comprehensive information security program” for their customers’ data. 2017 SC H.B. 4655 (NS). Based on the insurance industry model rules, the South
Despite the lack of significant settlements for HIPAA enforcement by the federal Office of Civil Rights (OCR) so far in 2018, states have not hesitated to patrol privacy and security breach activity and take action against perceived violations. Indeed, under the HITECH Act, state attorneys general have their own HIPAA enforcement authority. Two recent settlements
Health Information Highlight
Welcome back to our three-part series examining ways to efficiently identify, address and mitigate gaps in HIPAA compliance in transaction diligence. In Part I, we discussed four key diligence questions upon which buyers should focus their efforts in a transaction. In Part II, we reviewed considerations related to storage of and access