Right of Access

News & Analysis as of

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 9: Rights...

Why does this topic matter to organisations? EU data protection law provides data subjects with a wide array of rights that can be enforced against organisations that process personal data. These rights may limit the...more

CMS Proposes Updates to Hospital Conditions of Participation

CMS recently published a proposed rule to update certain of the hospital and critical access hospital (CAH) Medicare and Medicaid conditions of participation (CoPs). With its goals of modernizing hospital and CAH CoPs,...more

FDA Releases Draft Guidance for Manufacturers on Dissemination of Patient Data from Medical Devices

On June 9, 2016, the US Food and Drug Administration (FDA) published draft guidance outlining considerations for the “appropriate and responsible” dissemination of individualized medical device data from device manufacturers...more

OCR Continues to Emphasize Individuals’ Rights to Access Health Information

Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced the release of three YouTube videos and an infographic on individuals’ rights to access health information. In...more

West Coast Real Estate Update: May 2016 #1

IRS Reevaluates "Bad Boy" Carve-Outs - Before providing a non-recourse loan to a Limited Liability Company (LLC) – i.e., one for which the LLC members do not bear the risk of economic loss – a lender often will require...more

First Federal Appeals Court Rules that Title IX Applies in Transgender Bathroom Case

Yesterday, in a landmark ruling, a federal appellate court decided that under Title IX a transgender student can challenge a school board policy that limits bathroom and locker room access based on biological sex. The United...more

Unraveling the Property Right of Access to Roadways

For owners, “access” to abutting or surrounding roadways is essential to their property. Without it a piece of property is “landlocked” and thus has little, if any, economic utility. Private property owners want good access...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On February 24, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a guidance entitled, “Special Enrollment Confirmation Process” that will enhance program integrity...more

PSQIA held to preempt florida constitutional right to access adverse medical incident reports

On October 28, 2015, the District Court of Appeal in the First District of Florida held in Southern Baptist Hospital, Inc. v. Jean Charles, Jr. et al. that the federal Patient Safety and Quality Improvement Act of 2005...more

Attorney-Privileged Documents Mistakenly Released Under PRA Still Exempt

California Appellate Court Rules in Case Likely to be Decided by State Supreme Court - A public agency that inadvertently released attorney-client privileged documents to the public did not waive its right for those...more

Do You Have The Right To Be Forgotten?

Most of us want to be remembered. But, depending on their past, some people want to be forgotten – or at least they want some of their past deeds to be forgotten. But do you have a right to be forgotten? In the United States,...more

Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

While sitting for a videotaped deposition, in one of his last public appearances, the late Apple CEO Steve Jobs swiveled impatiently in his chair and answered questions regarding Apple’s digital rights management technology...more

Public’s Interest in Records of Police Shooting Trumps OPRA’s Ongoing Investigation Exception

The public’s right to access government documents garnered additional support in New Jersey last week when a state trial court ruled that law enforcement records related to the police shooting of a black man who allegedly...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending December 12-26, 2014 & January 2, 2015

REAL PROPERTY UPDATE - - Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more

Resource Update: NLRB's Continuing Expansion of Off-Duty Access Rights

Since the U.S. Supreme Court's landmark decision in Republic Aviation v. NLRB almost seventy years ago, courts and the National Labor Relations Board have been weighing employers' property rights against union rights under...more

California Environmental Law and Policy Update - September 2014 #3

Environmental and Policy Focus: California acts to manage statewide groundwater issues: Allen Matkins - Sep 19: Faced with record drought and depleted groundwater supplies statewide, the California Legislature has...more

Where Subdivision Access Is Uncertain, Approval of the Subdivision Must Be Contingent Upon Judicial Resolution

In the case of Shinn v. Bd. of Comm’rs of Clearwater Cnty., released June 17, 2014, the Idaho Supreme Court covered some new ground and revisited some old ground....more

Key Operating & Equipment, Inc. v. Hegar Case Study

On June 20, 2014, the Texas Supreme Court held that an oil and gas production company, Key Operating & Equipment, Inc. (“Key”), had the right of access on an adjacent tract of land that is part of a pooled drilling unit. Key...more

Coastal Commission Granted Power to Levy Administrative Fines, Including Fining Public Agencies

The California Coastal Commission now has the power to levy fines against people who have violated public access provisions of the Coastal Act. Specifically, SB 861, signed by Gov. Jerry Brown late last week, added Public...more

Oliner v. Kontrabecki: The 9th Circuit Reminds Parties of the Potential Risks of Filing Sensitive Documents Under Seal in Court

The recent decision of Oliner v. Kontrabecki, 745 F.3d 1024 (9th Cir. 2014) highlights the potential risks of filing sensitive documents under seal in court. In Oliner, the parties agreed to seal all documents related to the...more

Supreme Court Of Canada: Limits On Government Disclosure Include Policy Options

On Friday, the Supreme Court of Canada (“SCC”) issued a unanimous decision in John Doe v. Ontario (Finance),2014 SCC 36 that outlines the parameters on the ability of the public to access information under Ontario’s Freedom...more

Come Again Another Day? Changes to Union Right of Entry

Queensland Government legislates to scrap WHS permit holders' power to issue stop work orders and Federal Government introduces Fair Work Act Amendment Bill to parliament - In the ever changing landscape of industrial...more

Arizona Supreme Court Holds That Property Owner Who Quarreled With Light Rail Construction Should Be Compensated For Lost Access

Late last week, the Arizona Supreme Court handed down a decision that clarified the rights of property owners who lose access to an abutting road and, in the process, reinforced the principle that both elimination and...more

Ruling May Put The Brakes On Some CEQA Investigations

For years, public agencies have utilized a statutory "right-of-entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action....more

Connecticut’s new personnel file law takes effect tomorrow: are you prepared?

Connecticut’s Public Act 13-176, An Act Concerning Employee Access to Personnel Files, goes into effect on October 1. The new law amends Connecticut’s employee personnel file law and changes employers’ obligations and the...more

31 Results
|
View per page
Page: of 2
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×