Sports teams, leagues, agents and venues collecting personal information from athletes, fans and sponsors must comply with evolving privacy regulations. Here are key takeaways from a conversation Orrick recently hosted with...more
Recently, the Department of Health and Human Services’ Office for Civil Rights (OCR) issued a notice of proposed rulemaking (NPRM) to update the Health Insurance Portability and Accountability Act (HIPAA) Security Rule—the...more
The FDA has shared draft guidance on the design and development of AI-enabled medical devices and marketing submissions for those devices. The Importance of Engaging Early Sponsors of AI-enabled devices should engage with the...more
The Federal Trade Commission (FTC) has updated its Health Breach Notification Rule that applies to non-HIPAA, consumer health data. Among the revisions, the FTC expanded or introduced key definitions and modified the...more
7/31/2024
/ Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
PHI ,
Popular
The Cybersecurity and Infrastructure Security Agency (CISA), a division of the Department of Homeland Security, has proposed a rule that would govern whether, when, and how companies in critical infrastructure sectors report...more
Legislators in Colorado have passed the first law in the United States meant to protect a consumer’s brainwaves. While advances in neurotechnology such as brain-computer interfaces that can translate a person’s thoughts into...more
Two new privacy laws regulating consumer health data in Nevada and Washington take effect March 31. These novel laws take an expansive view of “consumer health data” and cover much more data than you may expect....more
The average cost of a data breach has reached an all-time high of $4.45 million, according to IBM. Regulatory requirements, scrutiny, and enforcement have continued to expand. As we kick off 2024, here are the key action...more
Connecticut is the third state to adopt consumer health data privacy protections, following Washington’s My Health My Data Act (“MHMD”) and Nevada’s new consumer health data privacy law. It is the first state, however, to...more
The Nevada legislature recently passed Senate Bill 370 (“Nevada’s Consumer Health Data Privacy Law”) aiming to impose broad requirements on collecting, using, and selling consumer health information. Nevada joins Washington...more
Healthcare companies track visitors to websites and mobile apps with third-party technologies like cookies and pixels, but that widespread practice now comes with steadily growing risk. The Federal Trade Commission is...more
The last year has seen a multijurisdictional regulatory push for increased cybersecurity standards for medical devices. The new approaches, issued by regulatory authorities in the United States (U.S.), the United Kingdom (UK)...more
In early April, the U.S. Department of Justice (DOJ) Civil Division’s Consumer Protection Branch (CPB) published its first-ever “Recent Highlights” report. The report provides background on the CPB, highlights from its recent...more
The Cybersecurity and Infrastructure Security Agency (“CISA”) released a “Sharing Cyber Event Information” Fact Sheet on April 7 that may preview its implementation of the new federal government cyber incident reporting...more
The Department of Justice (DOJ)’s Civil Cyber-Fraud Initiative, less than six months old, just resolved the first case against Comprehensive Health Services (CHS). There are two critical takeaways for all organizations that...more
To help your company get its United States (U.S.) state privacy compliance program on the right track in 2022, Orrick's Cyber' Privacy & Data Innovation Group has analyzed the differences between key topics for the California...more
3/15/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Personal Information ,
State Privacy Laws
The California Privacy Rights Act (CPRA) became law on December 16, 2020, and amended the California Consumer Privacy Act (CCPA). When the CPRA becomes fully operative on January 1, 2023, these important changes, among...more
Once reserved for routine doctors’ appointments, collecting health-related data has exploded as consumers start to monitor their own health metrics—everything from sleep and fertility to mental health and COVID-19—and...more
The Federal Trade Commission ("FTC") recently announced its intent to "vigorously" enforce its 2009 Health Breach Notification Rule (the "Rule") via a policy statement that sheds light on the Rule's scope. The policy...more
9/24/2021
/ Application Programming Interface (APIs) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
Mobile Health Apps ,
Personally Identifiable Information ,
Popular
Attacks on the life sciences and healthcare sectors (healthcare providers and health technology, medical device, pharmaceutical and biotechnology companies) increased significantly in the last year, including at the World...more