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On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more
Data security continues to be a hot topic among companies and consumers alike in 2024 as cyber incidents and their associated costs continue to reach record highs. With several of the biggest data breaches in history...more
A recent federal court decision is a victory for Health Insurance Portability and Accountability Act (HIPAA) covered entities using third-party tracking tools on unauthenticated webpages. These are websites available to the...more
On June 20, 2024, a Texas federal court vacated the Office for Civil Rights’ (OCR's) controversial guidance concerning Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates, available here....more
On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more
As we previously reported, the Federal Trade Commission (FTC) recently announced its final changes to the Health Breach Notification Rule (HBNR), vastly expanding the scope of the Rule’s coverage....more
The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more
Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more
On April 26, the Federal Trade Commission (FTC) announced its final rule (Final Rule) making changes to the Health Breach Notification Rule (HBNR)....more
If passed, the proposed American Privacy Rights Act would dramatically transform data privacy compliance obligations for companies operating in the United States. Shannon Yavorsky — head of Orrick’s global Cyber, Privacy &...more
With the bipartisan, bicameral proposed American Privacy Rights Act of 2024, the U.S. Congress seeks to adopt the first national personal data privacy and security law that would preempt comprehensive state privacy laws....more
On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,...more
The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more
On Feb. 16, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its 2022 Annual Report to Congress. ...more
On November 1, 2023, New York Department of Financial Services (NYDFS or the “Department”) released the finalized revisions (the “Second Amendment”) to 23 NYCRR Part 500 (Part 500) – the most significant modifications to Part...more
On October 27, 2023, the Federal Trade FTC (FTC) approved amendments to its version of the Standards for Safeguarding Customer Information Rule (the Safeguards Rule) to require non-banking financial institutions regulated by...more
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The Order marks an ambitious effort to stand up a whole-of-government approach to encouraging the benefits and managing the risks of artificial intelligence, with many of its most significant private-sector implications...more
The HIPAA Privacy and Security Rules generally require covered entities (including most healthcare providers) to execute written agreements (“business associate agreements” or “BAAs”) with their business associates before...more
Recently, the California Department of Financial Protection and Innovation (DFPI) approved the final rule implementing and interpreting certain sections of the California Consumer Financial Protection Law (CCFPL) that...more
The U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) published a Notice of Proposed Rule Making (Proposed Rule) on April 12, 2023, proposing amendments to the Health Insurance Portability and...more
On February 1, 2023, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the Northern District of California alleging that digital health platform GoodRx violated the FTC Act by repeatedly...more
On January 23, 2023, the Federal Trade Commission (FTC) announced revised notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). If a proposed merger, acquisition of stock, assets or...more
The U.S. Legislature has proposed the first bipartisan comprehensive consumer data protection law, the American Data Privacy and Protection Act (ADPPA). If enacted, the United States would join over 100 countries and several...more
Through a new interpretive rule announced this week, the Consumer Financial Protection Bureau (CFPB) has declared that digital marketing providers can be held liable under the Consumer Financial Protection Act (CFPA)...more