Members of the health care and financial industries, along with other industries that hold sensitive data, are warned that a ChatGPT vulnerability is being actively exploited by threat actors to attack security flaws in AI...more
3/24/2025
/ Artificial Intelligence ,
Banks ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Financial Institutions ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Machine Learning ,
NIST ,
Risk Management ,
Vulnerability Assessments
On February 20, 2025, the U.S. Department of Health and Human Services (“HHS”) took action pursuant to President Trump’s Executive Order 14187 (“EO 14187”), which is aimed at ending gender affirming care for minors. EO 14187...more
2/21/2025
/ Data Privacy ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Executive Orders ,
Gender Expression ,
Gender Identity ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
LGBTQ ,
Patient Access ,
Patient Privacy Rights ,
PHI ,
Reproductive Healthcare Issues ,
Transgender ,
Trump Administration
It took some time, but we officially have the first complaint filed alleging violations of the Washington My Health, My Data Act (“MHMDA”). The complaint, filed February 10 in the U.S. District Court Western District of...more
2/14/2025
/ Amazon Marketplace ,
Biometric Information ,
Class Action ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Healthcare ,
PHI ,
Prior Express Consent ,
State Privacy Laws ,
Statutory Violations ,
Targeted Digital Advertising ,
Washington ,
Wiretapping
December 23, 2024, was the compliance deadline for HIPAA covered entities and business associates to apply the protections of the HIPAA Privacy Rule to support Reproductive Health Care Privacy Final Rule—that is all covered...more
As we settle into spooky season, let’s take a minute to consider a recent development in health care privacy as we ask ourselves, is this a trick or a treat?...more
10/11/2024
/ Data Management ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Patient Privacy Rights ,
PHI ,
Reproductive Healthcare Issues ,
State Attorneys General ,
Statutory Authority ,
Texas
Friendly reminder – the Washington My Health My Data Act (“WMHMDA”) compliance deadline for regulated entities to post their consumer health data privacy policy is March 31, 2024 (June 30, 2024 for small businesses). A...more
2/29/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Patient Privacy Rights ,
Personal Data ,
Personally Identifiable Information ,
Policies and Procedures ,
Posting Requirements ,
Washington
The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon....more
2/6/2024
/ Algorithms ,
Artificial Intelligence ,
Data Privacy ,
Data Processing Rules ,
Data Protection ,
Data Transfers ,
Due Diligence ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet ,
Online Platforms ,
Privacy Policy ,
Unfair or Deceptive Trade Practices ,
Websites
This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements...more
11/16/2023
/ 401k ,
403(b) Plans ,
Benefit Plan Sponsors ,
Centers for Medicare & Medicaid Services (CMS) ,
Data Privacy ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Fiduciary ,
Fiduciary Rule ,
Gag Clauses ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
Investment Adviser ,
Popular ,
Retirement Plan ,
Securities and Exchange Commission (SEC)
Summer 2023 gave us a blast of new and distinctive consumer health data privacy legislation. The Washington legislature could not wait to start showing off and splashing around in the summer sun by passing the country’s...more
This is Part Twelve, the final installment of our series of legal updates on the Washington My Health My Data Act (“WMHMDA”). We are thrilled that you came along as we dove into the intricacies of WMHMDA that are creating...more
8/30/2023
/ Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Patient Privacy Rights ,
Personal Data ,
PHI ,
Washington
This is Part Eleven in a series of legal updates on the Washington My Health My Data (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more
8/23/2023
/ Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Patient Privacy Rights ,
Personal Data ,
PHI ,
Washington
This is Part Ten in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more
This is Part Nine in a series of legal updates on the Washington My Health My Data (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more
7/26/2023
/ California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Breach ,
Data Collection ,
Data Privacy ,
Enforcement Guidance ,
Healthcare ,
Life Sciences ,
Personal Data ,
Private Right of Action ,
Washington
This is Part Eight in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the...more
7/24/2023
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Subjects Rights ,
Healthcare ,
Personal Information ,
Popular ,
Privacy Laws ,
Washington
This is Part Seven in a series of legal updates on the Washington My Health My Data (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more
7/18/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Information Technologies ,
Life Sciences ,
Personal Data ,
PHI ,
Washington
This is Part Six in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) in which Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the...more
Oh say, can you see, Part 5 in our Washington My Health My Data Act series? This is the fifth installment in our series on the Washington My Health My Data Act (“WMHMDA”)....more
This is Part Four in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating tidal waves in the...more
This is Part Three in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating tidal waves in the...more
6/14/2023
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Technology ,
Healthcare ,
Medical History ,
Mental Health ,
Personal Data ,
Personally Identifiable Information ,
Popular
After several months of privacy developments to start 2023, this trend has not only continued, but has continued at an accelerated pace into June. As state legislatures adjourn for summer recess, it is a good time to take...more
This is Part Two in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles is doing a deep dive into the various factors and intricacies of the Act that are shaping up to create a sea of...more
6/9/2023
/ B2B Organizations ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Electronic Protected Health Information (ePHI) ,
Geolocation ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Life Sciences ,
Personal Data ,
Washington
While it is not officially summer, it is after Memorial Day, a.k.a. the perfect time to pick out your beach reads. We recommend bumping Quarles’ series on the Washington My Health My Data Act (“WMHMDA”) to the top of your...more
Effects to consumer health data collection and processing will be felt in Washington and beyond with new consumer rights and consent requirements as well as a private right of action....more
After the year led with the effective dates for the California Consumer Privacy Act and the Virginia Consumer Data Protection Act, the first quarter of 2023 has continued to bring a number of data privacy updates and...more
The Biden Administration announced that the federal COVID-19 Public Health Emergency (PHE) will expire at the end of the day on May 11, 2023. As we draw closer to the expiration date of the PHE, do you feel fine about your...more
3/20/2023
/ Biden Administration ,
Business Associates Agreement (BAA) ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
OCR ,
Public Health Emergency ,
Telehealth ,
Telemedicine