Privacy Communications & Media Health

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Privacy Wednesday

What’s that old saying … “a day late and a dollar short?” Here is our Privacy Monday roundup … on Wednesday. Office for Civil Rights HIPAA Crackdown? The Office for Civil Rights (OCR) — the enforcement arm of...more

The New Normal: Big Data Comes of Age

On May 1, 2014, the White House released two reports addressing the public policy implications of the proliferation of big data. The first report is by the Executive Office of the President, entitled “Big Data: Seizing...more

How Much Are You Willing To Pay For Privacy?

How much are you willing to pay for personal privacy? 50% off a McDonald’s hamburger? 20% off groceries? Participation in the $1 Billion NCAA Tournament Bracket Challenge?...more

FTC Settles Case With Medical Transcription Company

The Federal Trade Commission (FTC) recently announced that it had settled its data privacy case against medical transcription firm GMR Transcription Services, Inc. (GMR) following allegations that GMR had failed to adequately...more

Some Things Better Left Unshared: Social Media and Medical Identity Theft

The Washington Post recently published an article reminding individuals not to tweet or otherwise share information concerning their medical conditions on social media, warning that disclosing such information publicly “is...more

In with the New, Part III: 2014 Privacy, Advertising and Digital Media Predictions

Boston-based litigation partner Matt Turnell shares his predictions about class action litigation under the Telephone Consumer Protection Act (TCPA) and Electronic Communications Privacy Act (ECPA) in 2014 and Boston-based...more

U.S. Privacy and Data Protection: 2013 Year in Review and a Look Ahead to 2014

In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What’s to Come in 2014” for participants in an IAPP KnowledgeNet. Our panel of...more

Google’s Breach of Canadian Privacy Rules

In a recent decision released by the Canadian Privacy Commissioner (PIPEDA Report of Findings #2014-001), the commissioner investigated a complaint that Google pitched ads to an individual based on medical information that he...more

Oh Canada! Google Settles Health-Related Behavioral Advertising Claims

The Office of the Privacy Commissioner of Canada (OPC) announced on January 15, 2013, that it reached a settlement with Google over the use of health information in behavioral advertising. The case involving a complaint that...more

Is Using Health Information For Interest-Based Advertising Really Off-Limits?

As was widely reported, on January 15, 2013, the Office of the Privacy Commissioner of Canada (OPC) issued a Report of Findings regarding interest-based advertising or online behavioural advertising through Google’s AdSense...more

NIST Cybersecurity Framework: Is It Going Off The Rails?

In Executive Order 13636, President Obama directed the Secretary of Commerce and the National Institute of Standards and Technology (NIST) “to lead the development of a framework to reduce cyber risks to critical...more

The Cloud: Google Apps for Business and HIPAA Compliance

Does your company use Google Apps for Business? Are you a health care provider, health plan, or health care clearinghouse (“Covered Entity” or “Covered Entities”) subject to the Health Insurance Portability and Accountability...more

The Online Marketer’s Guide To Privacy

I’ve hesitated to write this post because the law is always changing and you can’t cover it all in one blog post (thank goodness for linking). I did a presentation to the Houston Interactive Marketing Association this week...more

The Download - October 2013

In this issue: - Heard On the Hill - House Bipartisan Working Group Considers Privacy Around the Agencies - New TCPA Rules Effective October 16, 2013 - FTC to Hold Workshop on Native Advertising - New HIPAA...more

New FCC Rules to Protect Telephone Consumers from Autodial/Robocalls

On October 16, 2013, new Federal Communication Commission rules took effect to further protect consumers under the Telephone Consumer Protection Act of 1991 (TCPA). See 47 U.S.C. § 227; 47 C.F.R. § 64.1200. The changes...more

Telemarketing: HIPAA Can Reverse the Charges Under the TCPA

The Telephone Consumer Protection Act (TCPA) generally limits automatically dialed and prerecorded telemarketing calls to wireless and residential phones. In the past, healthcare providers and other "advertisers" could rely...more

BELGIUM: Privacy Commission shows its teeth by setting up dedicated infringement task force

Yesterday, the Belgian Privacy Commission’s announced its intention to make enforcement its number one priority: - A dedicated inspection task force will be set up pro-actively monitoring companies and organisations...more

Emerging Growth and Venture Capital News - Fall 2013

NEW SEC GENERAL SOLICITATION AND “BAD ACTOR” RULES RE PRIVATE STOCK SALES NOW IN EFFECT - New Securities and Exchange Commission rules concerning private stock sales are now in effect. Under these rules, for...more

HHS To Revamp Limits On Payments To Pharmacies For Refill Reminder Programs

The HIPAA Privacy Regulations have long required covered entities to seek a patient authorization in order to use or disclose protected health information ("PHI") for marketing purposes. However, the Office for Civil Rights...more

OCR Guidance to Address HIPAA Marketing Turmoil

In response to a recent lawsuit and outcry from a variety of players in the health care market, the Department of Health and Human Services (“HHS”) has committed to issuing guidance by September 23rd (the compliance date for...more

Ignore Social Media at Your Own Risk

There’s no question that the advent of social media has changed the way we communicate. However, the use of social media raises a number of legal issues and potential liabilities of which every organization should be...more

The Download - August 2013

In this issue: - Digital Advertising Alliance Releases Mobile Guidance - House Energy and Commerce Task Force on Privacy - The Senate Committee on Commerce Considers Cybersecurity - House Energy...more

New Enforcement Guidance from the UK’s Information Commissioner’s Office

(LONDON) Who is on the ICO’s radar these days? August seems to be the month for getting new guidance documents out the door at the United Kingdom’s Information Commissioner’s Office. The UK ICO has just published guidance...more

Labor Letter, August 2013: NLRB Taking Close Look At Photography Policies

In February of 2009, a Wisconsin medical center fired several nurses after they electronically posted patient x-rays to their Facebook page, revealing the presence of a potentially embarrassing foreign object. As a result,...more

HIPAA and the Omnibus Rule: How to Assess Whether and What your Company Must Do to Comply

A key amendment to the Health Insurance Portability and Accountability Act (“HIPAA”) called the “Omnibus Rule” took effect on March 26, 2013. The Omnibus Rule impacts both companies that directly collect protected health...more

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