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Health Care Compliance Association (HCCA)

Recognized Security Practices ‘Saved’ Covered Entity $60K of $300K Fine, But Which Ones Remain a Mystery

Covered entities (CEs) and business associates (BAs) may receive a “discount” for having recognized security practices (RSPs) in place when the HHS Office for Civil Rights (OCR) calculates financial penalties for Security...more

Stark & Stark

Understanding the Enhanced Regulation S-P Requirements

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On May 16, 2024, the Securities and Exchange Commission adopted amendments to Regulation S-P, the regulation that governs the treatment of nonpublic personal information about consumers by certain financial institutions....more

Health Care Compliance Association (HCCA)

‘I Will Not Rest’; ‘I Am All In’: Remarkable Breach Hearing Sees Pledges by UHG CEO, Sen. Wyden

United Healthcare Group (UHG) CEO Andrew Witty was in a board meeting on Feb. 21 when officials interrupted with the news that Change Healthcare—a clearinghouse UHG subsidiary Optum had purchased for $1.3 billion in October...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Jones Day

Here We Go Again: U.S. Congress Reintroduces New Comprehensive Federal Privacy Law

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With the bipartisan, bicameral proposed American Privacy Rights Act of 2024, the U.S. Congress seeks to adopt the first national personal data privacy and security law that would preempt comprehensive state privacy laws....more

Moore & Van Allen PLLC

New OCR Guidance on Tracking Technologies

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On March 18, 2024, the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services ("HHS") published updated guidance on the use of online tracking technologies by HIPAA covered entities and business...more

Orrick, Herrington & Sutcliffe LLP

The American Privacy Rights Act: 5 Things You Need to Know

Two leading U.S. legislators have unveiled a bipartisan plan to enact the first comprehensive federal data privacy law. The proposed American Privacy Rights Act (APRA) largely mirrors common themes in the patchwork of state...more

Klein Moynihan Turco LLP

Atlas Data And Daniel’s Law

Readers of this blog are well aware of the recent surge in data privacy litigation. In February 2024, Atlas Data Privacy Corporation (“Atlas Data”), a consumer data protection company, filed over 100 lawsuits in the State of...more

Venable LLP

Data Contract Requirements under New State Data Privacy Laws

Venable LLP on

A number of new state privacy laws now govern and mandate certain contractual requirements for collecting, sharing, and processing of personal information. Personal information is generally defined as data that is linked or...more

Latham & Watkins LLP

Recently Enacted Health Data Privacy Laws in Washington and Nevada Pose Challenges for Businesses

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Washington State and Nevada have now passed health data privacy laws that impose obligations relating to the collection, processing, and sharing of “consumer health data.” Both laws (collectively, State Health Data Privacy...more

Sheppard Mullin Richter & Hampton LLP

State Comprehensive Privacy Laws – Beaver State Makes a Dozen

Oregon’s governor has now signed into law the state’s comprehensive privacy law. Meaning, there are now 12 states with these laws, six of which were passed just this year (others passed in 2023 were Iowa, Indiana, Tennessee,...more

Moore & Van Allen PLLC

Texas Passes a Comprehensive Privacy Law

In June, Texas became the tenth state with a comprehensive privacy law. The Texas Data Privacy and Security Act (“TDPSA”) contains familiar provisions from other state privacy laws regulating the collection, use, processing,...more

Goodwin

SEC to Impose Significant New Privacy and Cybersecurity Rules for BDs, RIAs, TAs, and Mutual Funds

Goodwin on

The SEC continues its overhaul of cybersecurity, cyber incident reporting, and privacy controls and requirements for industry registrants, their services providers, and corporate America generally. On March 15, 2023, the SEC...more

BCLP

Global Privacy Signaling: The Trendsetting Opt-Out Mechanism

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By now, it is generally known that comprehensive privacy laws include requirements to allow consumers to opt-out of the sale of the their personal information, including personal information collected through the use of...more

BCLP

Comparison of the CCPA & CPRA with Pending 2021 Comprehensive Federal Privacy Legislation - S. 1494

BCLP on

In the last year, we continued to see a shift in the privacy landscape of the United States, including the passage of comprehensive privacy legislation in both Virginia and Colorado, while other states still have bills under...more

Steptoe & Johnson PLLC

New HIPAA Guidance from OCR on COVID-19 Vaccines and the Workplace

Steptoe & Johnson PLLC on

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance regarding the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy rule (the “Privacy Rule”) in the...more

Hogan Lovells

New York State Expected to Increase Enforcement of Cybersecurity Practices

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Companies should take note of two imminent developments in New York in the area of cybersecurity regulation: enforcement of the New York Department of Financial Services (NYDFS) Cybersecurity Regulation (Regulation) and the...more

Sheppard Mullin Richter & Hampton LLP

The Heart of Employee Rights Under CCPA: Attorney General Modifies Guidance

Transparency and communication are cornerstones of a successful relationship—and the employment relationship is no exception. The California Consumer Privacy Act (“CCPA”) came into effect on January 1, 2020, bestowing two...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Stokes Wagner

The California Consumer Privacy Act

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The California Consumer Privacy Act (“CCPA”) grants new rights to California consumers, took effect on January 1, 2020. In response, businesses must take on new obligations....more

Fisher Phillips

Franchisees, Subsidiaries, and Affiliates Beware: California’s New Privacy Law May Apply To You, Too

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Many small or solo franchisees, subsidiaries, and affiliates of larger businesses may think the California Consumer Privacy Act (CCPA), does not apply to you because you don’t meet one of the three threshold criteria. Your...more

ClientsFirst Consulting

CCPA at a Glance

When Does CCPA Start? ..The California Consumer Privacy Act (CCPA) is effective January 1, 2020. ..It also includes a 12-month “look-back” period to January 1, 2019. ..It is also important to note that several...more

White & Case LLP

Do Turkish Companies Have to Comply With the California Consumer Privacy Act (“CCPA”)?

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Your business complies with the General Data Protection Regulation ("GDPR") and/or Turkish Personal Data Protection Law numbered 6698 and its secondary legislation ("PDPL"); but does it comply with the California Consumer...more

Miller Canfield

Are You in Compliance with California's New Consumer Privacy Act?

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Companies are still scrambling to comply with the new California Consumer Privacy Act of 2018 ("CCPA"), which became effective on January 1, 2020. The CCPA provides new rights and protections for "consumers," defined as...more

Mintz - Privacy & Cybersecurity Viewpoints

CCPA QOTD: Isn’t every vendor a “service provider” under the CCPA?

The short answer is “no”. The CCPA has a specific definition for “service provider” at Section 1798.140(v) – and it also requires a vendor to be bound by a written contract that prohibits it from...more

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