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The Staggering Breadth of Washington State’s My Health My Data Act

Despite its misleading title, Washington’s My Health My Data Act will regulate many things most people would not think of as health-related data. It will also regulate non-Washington entities, mere processors of...more

U.S. States And Territories Data Breach Statutes-UPDATED July, 2020

Fox Rothschild’s Privacy and Data Security practice group maintains this searchable PDF document as well as the Data Breach 411 app to inform businesses of the breach notification statutes in each of the 50 states, Guam,...more

Don’t Get Sprayed: CISA Alert Reminds Health Care Entities To Use Strong Passwords

A joint Alert from the U.S. Department of Homeland Security Cybersecurity and Infrastructure Security Agency (CISA) and the U.K.’s National Cyber Security Centre (NCSC) warns of new cyber attacks targeting COVID-19-related...more

Does the HIPAA Concept Of De-identification Serve To Adequately Protect The Privacy Of All Personal Health Information?

Some twenty-three years ago, the first well-publicized incident of the re-identification of de-identified personal health data was brought to the attention of the American public. It involved the then governor of...more

The California AG May Be Watching You, Covered Entity

As Fox partner Odia Kagan posted yesterday, early enforcement of CCPA will focus on data related to kids. In addition, according to a recent article in the San Francisco Chronicle, the California Attorney General will focus...more

One Of Three $3 Million Lessons: Encrypt Mobile Devices

A large New York hospital system learned this lesson the expensive way. According to a U.S. Department of Health and Human Services (HHS) press release issued earlier this week, the Office for Civil Rights (OCR) investigated...more

U.S. States And Territories Data Breach Statutes

Fox Rothschild’s Privacy and Data Security practice group maintains this searchable PDF document as well as the Data Breach 411 app to inform businesses of the breach notification statutes in each of the 50 states, Guam,...more

Where HIPAA Stops, CCPA Begins

Why Covered Entities and Business Associates Cannot Ignore the New California Data Privacy Law- The California Consumer Privacy Act (CCPA) applies to a wide range of for-profit businesses that collect the personal...more

Too Much (Protected Health) Information Exposed + Too Little Response = $3M And Corrective Action Plan For Medical Imaging Company

“TMI” usually means “too much information”, but it was used aptly by the Office for Civil Rights (OCR) as an acronym for a covered entity that exposed protected health information (PHI) of more than 300,000 patients through...more

Entities That Comingle EU And U.S. Citizens’ Data Should Review Data Breach Notification Practices

If you are a U.S.-based entity that is subject to the EU Data Protection Regulation (GDPR), and you store personal data of EU residents and personally identifiable information of U.S. residents in a commingled database, you...more

The California Consumer Privacy Act

Companies that are getting acclimated to the European Union’s General Data Protection Regulation (GDPR) have a new and just as significant compliance challenge to confront: The California Consumer Privacy Act. Signed into...more

When HIPAA Compliance Is Not Enough: The Territorial Scope Of GDPR

The European Union’s General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Whereas HIPAA applies to particular types or classes of data creators, recipients, maintainers or transmitters (U.S. covered...more

Cybersecurity Readiness – A Fox Rothschild Exclusive Report For C-Suite Level Executives

BY FAILING TO PREPARE, many companies have prepared to fail when it comes to thwarting cyberattacks. Fox Rothschild’s survey of corporate leaders reveals endemic misperceptions about what is necessary for privacy and data...more

Electronic Health Records And HIPAA Security: A Design Problem Fixable With Blockchain Technology?

In some respects, HIPAA has had a design problem from its inception. HIPAA is well known today as the federal law that requires protection of individually identifiable health information (and, though lesser-known, individual...more

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