No Password Required: Founder and Commissioner of the US Cyber Games, CEO of the Cyber Marketing Firm Katzcy, and Someone Who Values Perseverance Over Perfection
Biometric Litigation
Founder of Cyber Security Unity, Member of the Order of the British Empire, and Appreciator of '80s Soap Operas
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
No Password Required: The Custom T-Shirt-Wearing CEO Who Not Only Appreciates Mega Man ... He Basically Is One
Hybrid Workforces and Compliance with Sheila Limmroth
Legislating Data Privacy Series: A Conversation with Massachusetts Representatives Dave Rogers and Andy Vargas
State Law Privacy Video Series | Privacy and Sensitive Information
Podcast: BIPA Trends in 2022
State Law Privacy Video Series | Applicability
Getting Personal—Wearable Devices, Data, and Compliance
Episode 8: Why brokers, not breaches, are America's greatest privacy threat (with Rob Shavell)
NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
Inside Privacy Law: The Regulation of Personal Data
NGE On Demand: Cybersecurity Considerations for Emerging Companies with Michael Gray and David Wheeler
Oklahoma: Changing Data Privacy as We Know It?
The Convergence of AI and Data Privacy in eDiscovery: Using AI and Analytics to Identify Personal Information
Reducing Cybersecurity Burdens with a Customized Data Breach Workflow
Sitting with the C-Suite: Looking Ahead to Potential Compliance Issues Due to COVID-19
Sitting with the C-Suite: Information Governance and eDiscovery - Key Compliance Issues for In-House Counsel
Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more
As our loyal Practical Privacy readers may remember, back in December of 2021, the Federal Trade Commission (the “FTC” or “Commission”) began a rulemaking process to update the Commission’s Health Breach Notification Rule...more
On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance...more
On January 1, California's Assembly Bill No. 352 (AB 352) went into effect, introducing significant changes to the handling and sharing of sensitive health information — particularly information related to reproductive health...more
You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month...more
Estate of Lasiw by Lasiw v. Periera, 475 N.J. Super. 378 (2023) - Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule...more
Recent developments at the federal and state level demonstrate that regulators are focused on protecting consumer health data. Specifically, state and federal regulators want to close the gap between HIPAA-protected data and...more
To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more
The first law signed by California's first Governor, Peter Burnett, was the The Act Concerning the Public Archives (Chapter 1, Statutes of 1850). The act instructed the Secretary of State, William Van Voorhies, to classify...more
Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more
You’ve probably either played the game “Whac-a-Mole” yourself as a kid, or you watched your kid play it, at a Chuck E. Cheese or another similar arcade. It’s a simple game with five holes in which moles pop up and a soft...more
HIPAA requires covered entities and business associates to report to the Office for Civil Rights (OCR) all breaches of unsecured protected health information when the incident involves fewer than 500 individuals no later than...more
Report on Patient Privacy 22, no. 1 (January, 2022) - New Jersey issued its third settlement in three months on state-level health care privacy and security laws, announcing that three cancer care providers would adopt new...more
The surge in new health apps and connected devices, which only increased during the pandemic, continues to raise many legal and ethical questions. As a result, lawmakers have been scrambling to define the obligations...more
A myopic focus on protecting EMR (Electronic Medical Records) systems has left healthcare organizations open to shadow information risk. In a world where hackers and ransomware criminals are regularly compromising healthcare...more
In 2018, we published an article on Walgreens’ use of session replay scripts and how such use could lead to an accidental data breach under HIPAA. Last week, an article in Vox explained how Walgreens was again apparently...more
Report on Patient Privacy 21 no. 9 (September, 2021) - DuPage Medical Group in Chicago said that the personal information of more than 600,000 patients may have been compromised in a July cyberattack. The medical group,...more
Ransomware Particularly Inflicts Health Care and Life Sciences Organizations - Ransomware is a malicious cyber threat vector that employs encryption malware to prevent users from accessing their systems and data unless...more
Pennsylvania Governor Tom Wolf announced this week that the Commonwealth will not continue to do business with its contact tracing vendor following a security incident that potentially exposed the personal information of...more
Cyberattacks against healthcare providers accounted for 79% of all reported data breaches in 2020. (See here). The U.S. Department of Health and Human Services’ (HHS) Office of the Assistant Secretary for Preparedness and...more
Users of Universal Health Services (UHS), one of the largest healthcare systems in the country, recently lost access to electronic medical records when UHS suffered a ransomware attack and took its systems offline to...more
In Part 1 of our information blocking series, we introduced readers to the fundamentals of information blocking, including definitional terms, information blocking exceptions, and compliance deadlines and penalties for health...more
Report on Patient Privacy 20, no. 11 (November 2020) - HHS Office of the National Coordinator (ONC) for Health Information Technology (ONC) is giving health care organizations more time to meet new rules on information...more
On May 1, 2020, the U.S. Department of Health and Human Services (HHS) signaled a paradigm shift in the manner in which patient electronic health information (EHI) is accessed, used, and disclosed....more
On October 8, 2020, New Jersey Attorney General Gurbir Grewal (AG) announced that his office has entered into a multi-state settlement agreement with Community Health Systems, Inc. (CHS) stemming from an investigation of a...more