On May 30, 2024, the FTC published amendments to its Health Breach Notification Rule (“HBNR” or “Rule”) in the Federal Register, memorializing the Rule’s expanded scope that now explicitly includes direct-to-consumer health...more
On April 26, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) finalized updates to regulations implementing Section 1557 of the...more
The HIPAA Privacy Rule has been modified by the US Department of Health and Human Services (HHS) to increase privacy protections for reproductive health care information. These changes, which will take effect in early 2026,...more
California continues as the frontrunner of U.S. AI regulatory developments. Following the Governor’s executive order on Generative AI (GenAI) published last year, California state agencies have worked to implement its...more
The Food and Drug Administration’s (FDA’s) Center for Biologics Evaluation and Research (CBER), Center for Drug Evaluation and Research (CDER), Center for Devices and Radiological Health (CDRH), and Office of Combination...more
In March, the California Privacy Protection Agency (CPPA) board narrowly voted in favor of updated draft regulations on automated decisionmaking technology (ADMT) and risk assessments, along with proposed updates to existing...more
The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance concerning compliance obligations for HIPAA covered entities and business associates using online tracking...more
A new report from U.S. Senator Bill Cassidy calls on Congress to update the Health Insurance Portability and Accountability Act (HIPAA) and develop new, comprehensive privacy legislation to further regulate consumer health...more
The Biden Administration has issued an executive order to curtail access by China, Russia, and other countries of concern to Americans’ sensitive personal data. The Department of Justice and other agencies are tasked to take...more
Adding to the growing list of heightened privacy and data protection requirements imposed on consumer health data and other categories of sensitive personal data, the Washington Attorney General recently updated its guidance...more
The Federal Trade Commission (“FTC”) highlights lessons learned on privacy, data security, truth in advertising, and artificial intelligence (“AI”) in new guidance drawing from recent enforcement actions involving genetic...more
The Federal Trade Commission (“FTC”) has banned Rite Aid from using facial recognition technologies for surveillance for five years, demonstrating the FTC’s expectations regarding deployments of biometric and artificial...more
As the popularity of AI technologies has continued to grow in 2023, so has the number of laws and regulations seeking to address the potential risks and societal harms that may arise. The evolving legislation and calls to...more
The California Privacy Protection Agency’s proposal of new regulations for automated decisionmaking technology marks a significant step to govern how businesses may leverage those automated tools. The new framework focuses on...more
Adding to the growing trend of policymakers interested in regulating health and wellness data, last week U.S. Senator Bill Cassidy requested stakeholder feedback to help identify solutions to modernize HIPAA and ensure all...more
9/12/2023
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Patient Privacy Rights ,
Personally Identifiable Information ,
Privacy Laws ,
Regulatory Agenda
Yesterday, California Governor Gavin Newsom issued an executive order regarding generative artificial intelligence (“GenAI”). The order states that California has established itself as the world leader in GenAI innovation...more
On August 24, 2023, twelve international data protection and privacy regulators from the Americas, Europe, Africa, and APAC announced their “global expectations of social media platforms and other sites to safeguard against...more
Responding to incidents impacting consumer health and wellness technologies, including apps, will be more complex under proposed breach notice rules by the U.S. Federal Trade Commission (“FTC”). Businesses have until August...more
California’s “Genetic Information Privacy Act” (SB 980), vetoed on September 25, 2020 by Governor Gavin Newsom, would have established obligations for direct-to-consumer (“DTC”) genetic testing companies and others that...more
9/29/2020
/ Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Direct to Consumer Sales ,
DNA ,
Genetic Materials ,
Genetic Testing ,
Governor Newsom ,
Governor Vetoes ,
Human Genes ,
Infectious Diseases ,
Legislative Agendas ,
Life Sciences ,
Pharmaceutical Industry ,
State and Local Government