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FTC finalizes revised health breach notification rule expanding its scope and updating companies’ obligations

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

Updated OCR guidance does not solve HIPAA’s tracker uncertainty

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

US Senator report urges congressional action to strengthen health data privacy

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

White House issues executive order on access to US sensitive personal data by countries of concern

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

New Washington consumer health privacy policy guidance may complicate broader compliance efforts

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 DNA of privacy: FTC guide to keeping sensitive data private

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

AI governance and biometric privacy takeaways from the FTC’S Rite Aid settlement

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

How to prepare for evolving global AI legislation

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

California signals intent to regulate AI broadly

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

U.S. Senator requests information on ways to improve privacy protections of health data

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

Proposed FTC breach notice rule changes target direct-to-consumer health and wellness technologies

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

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