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Health Insurance Portability and Accountability Act (HIPAA) Corporate Counsel

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

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It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Greenbaum, Rowe, Smith & Davis LLP

HIPAA Privacy Rule to Support Reproductive Healthcare Privacy is Now Effective

On June 25, 2024, the Final Rule issued by the Office of Civil Rights (OCR) that amended the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA) became effective as a means of further protecting...more

Quarles & Brady LLP

HHS Tracking Technology Guidance Vacated by Federal Court

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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

Husch Blackwell LLP

Rhode Island Legislature Passes Consumer Data Privacy Act

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Keypoint: While the act does not include many provisions found in the more recent consumer data privacy laws, it would expand privacy notice obligations in one significant way although the applicability and scope of that...more

Husch Blackwell LLP

Proposed State Privacy Law Update: April 29, 2024

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Keypoint: Last week, the Colorado legislature passed a bill amending the Colorado Privacy Act to add provisions regarding biometric data and the California legislature advanced numerous bills....more

Wyrick Robbins Yates & Ponton LLP

Sense and Sensitivity: Latest FTC Enforcement Actions Continue Focus on Sensitive Health Data

We’ve talked before about the FTC’s focus on consumer health privacy. In cases against BetterHelp and GoodRx, a blog post announcing rules it intends to enforce in the space, and a report summarizing its recent privacy and...more

Husch Blackwell LLP

Proposed State Privacy Law Update: March 25, 2024

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Keypoint: Last week, consumer data privacy bills passed out of the Vermont and Pennsylvania Houses, an Age-Appropriate Design Code Act variant bill passed out of the Vermont Senate, and bills advanced in Colorado, Maryland,...more

Husch Blackwell LLP

Proposed State Privacy Law Update: March 18, 2024

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Keypoint: It was a very busy week with Kentucky on the cusp of passing a consumer data privacy bill, Maryland advancing consumer and children’s bills, and movement on bills in Minnesota, Vermont, Georgia, Maine, and New York....more

Jackson Lewis P.C.

New Hampshire Passes Comprehensive Consumer Data Privacy Law

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On March 6, 2024, New Hampshire’s Governor signed Senate Bill 255, which establishes a consumer data privacy law for the state. The Granite State joins the myriad of state consumer data privacy laws. It is the second state in...more

Husch Blackwell LLP

Proposed State Privacy Law Update: February 5, 2024

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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

Paul Hastings LLP

Preparing for New State Privacy Laws in 2024

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As we enter into the final few months of the year, it is important for companies operating in the United States to not only assess the implementation of the compliance requirements for the four new comprehensive state privacy...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

BCLP

Genetic Privacy: The Next Target in Class Action Litigation for Illinois Employers

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Illinois employers are likely still reeling from the thousands of biometric privacy class action lawsuits that have flooded court dockets over the last 5 years. Another wave is coming—this time, under the Illinois Genetic...more

Davis Wright Tremaine LLP

Delaware's New Personal Data Privacy Act

The Delaware Personal Data Privacy Act (DPDPA or Act) became law on September 11, 2023, making Delaware the 13th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut,...more

Snell & Wilmer

Another HIPAA Special Enrollment Deadline Extension – What’s a Group Health Plan to Do?

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Just when you thought the confusing COVID-19 ERISA deadline extensions were behind you, the Biden-Harris Administration asks you to reconsider. ...more

Freiberger Haber LLP

Case of First Impression in the Appellate Division: Data Breach By Itself is Not An “Injury-in-Fact”

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The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more

Orrick, Herrington & Sutcliffe LLP

Nevada’s New Consumer Health Data Privacy Law: 6 Things to Know

The Nevada legislature recently passed Senate Bill 370 (“Nevada’s Consumer Health Data Privacy Law”) aiming to impose broad requirements on collecting, using, and selling consumer health information. Nevada joins Washington...more

Davis Wright Tremaine LLP

Confused About the Washington My Health My Data Act?

The Washington Attorney General's (AG's) office released an FAQ that clarifies some important provisions of Washington's new My Health My Data Act (HB 1155)(MHMD), which was signed into law by Governor Jay Inslee on April 27,...more

Dorsey & Whitney LLP

Leaning Toward Commonality: States Enact New Comprehensive Consumer Data Privacy Laws

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The year 2023 will likely go down in history as a major inflection point in the enactment of comprehensive consumer data privacy laws in the United States. At the beginning of the year, only five states (California, Virginia,...more

Mintz - Privacy & Cybersecurity Viewpoints

Florida Governor Signs Data Privacy Law Focused on Children, Search Engines and Billion Dollar Businesses

Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...more

Husch Blackwell LLP

Proposed State Privacy Law Update: June 12, 2023

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Keypoint: Last week the Nevada legislature passed a health data privacy bill, the Delaware House passed a consumer data privacy bill, the Oregon House passed a data broker bill, and the New York Senate passed consumer and...more

Wiley Rein LLP

Five New States Advance Privacy Laws in May 2023

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It has been an active legislative season, with numerous states advancing new data privacy laws. In May, Indiana, Montana, and Tennessee joined Iowa in adopting new privacy laws, while the legislature in Texas sent an omnibus...more

Husch Blackwell LLP

Proposed State Privacy Law Update: June 5, 2023

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Below is the twenty-first weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders....more

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