Privacy and Security Becoming More Increasingly Critical

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Privacy and SecurityPrivacy and security continue to be critical considerations for all businesses.  While such considerations in the healthcare industry have received a lot of attention over the past years with the increasing requirements under the HIPAA Privacy, Security and Enforcement Rules, every business must carefully consider privacy and security of its information.  Businesses should consider the following items in designing their policies and procedures to protect valuable sensitive information:

  1. Is the business regulated by one or more statutory regulatory requirements regarding any information it maintains? A business must consider not only the laws of the United States but also potential international requirements that may effect its operations. By way of example but without limitation, the European Union Data Protection Directive may need to be considered depending upon the business activities of the business.
     
  2. Is any of the information privileged under common law and/or specific state laws?
     
  3. Is such information trade secrets that must be maintained? There are many requirements in order to assert confidentiality of a trade secret including, but not limited to, treating such information as confidential.
     
  4. What information should be protected as a matter of sound business practices?

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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