News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) DNA

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Face New Area of Potential Liability in Genetic Information Privacy Claims

Employers are facing new potential legal risks under the federal Genetic Information Nondiscrimination Act of 2008 (GINA) and the Illinois Genetic Information Privacy Act (GIPA) over inquiries in routine employment physicals...more

Epstein Becker & Green

Beyond HIPAA: FTC’s Data Protection Authority Results in Settlement with Genetic Testing Company

Epstein Becker & Green on

A recent enforcement action by the Federal Trade Commission (“FTC”) against 1Health.io—which sells “DNA Health Test Kits” to consumers for health and ancestry insights—serves as a reminder that the FTC is increasingly...more

Womble Bond Dickinson

Recreational DNA Industry May Take Liberties With Consumer Data

Womble Bond Dickinson on

Companies collecting consumer DNA for non-medical purposes seem to be playing fast and loose with their customers’ data, according to a well-regarded consumer watchdog. This category of private money makers, which could...more

Hogan Lovells

California and Florida contribute to web of state genetic privacy protections

Hogan Lovells on

States continue to enact laws targeting the protection of genetic data with two important developments in California and Florida. California’s Genetic Information Privacy Act (“GIPA”), which came into effect on January 1,...more

Sheppard Mullin Richter & Hampton LLP

New State Genetic Privacy Law Directed at Consumer Genetic Tests

Utah recently signed into law SB 227, creating the Genetic Information Privacy Act (GIPA). The law, which is anticipated to go into effect in May 2021, is aimed at protecting genetic data collected from direct-to-consumer...more

Womble Bond Dickinson

The Analysis of Cell Free DNA in Urine for Cancer Diagnosis – A Prospective Alternative to Liquid Biopsy?

Womble Bond Dickinson on

A promising new technology may make the diagnosis of cancer and genetic mutation testing as easy as performing a urinalysis as part of an annual physical exam.  Cancer could be detected at its earliest stages, when treatment...more

Womble Bond Dickinson

Privacy Risks Of Recreational DNA Testing: States Take Action

Womble Bond Dickinson on

Last week the California legislature passed an important first step in protecting the American public from itself. The Genetic Information Privacy Act (GIPA) helps fill a gap in U.S. healthcare privacy that most people don’t...more

Robinson+Cole Data Privacy + Security Insider

Changing the Conversation About Sharing and Using Health Information

Some app developers know more about our health than our doctors do. Take, for instance, FitBit, which is attached to our wrist and measuring in real time our temperature, our heart rate, our steps and whether we have had...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - November 2019

Robinson & Cole LLP on

Cyberliability insurance provider Beazley Insurance Company has analyzed its internal breach response data and determined that in its experience, there has been a thirty-seven percent (37%) increase in ransomware attacks this...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #210 – HHS Office of Inspector General Issues Fraud Alert for Genetic Testing Scam Targeting Seniors

Everyone knows how I feel about those home genetic testing kits—most people don’t understand that when they send their DNA to a private company that it is not protected by HIPAA or any other law, and the company can legally...more

Carlton Fields

Genetic Testing – Unintended Consequences?

Carlton Fields on

The advent of 23andMe, ancestryDNA, and other direct-to- consumer genetic testing products permit patients, from the comfort of their own homes and personal computers, to identify and assess their unique risk of developing...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 14

Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #38 – Genetic Privacy and the Use of Genomic Information

Genetic information is basically one’s DNA sequence, which includes health information and genetic information about the individual and their family. It is at the core of one’s individual privacy, as well as providing...more

Foley & Lardner LLP

What Does President Obama's $215 Million "Precision Medicine Initiative" Mean for Genetic Privacy?

Foley & Lardner LLP on

We have all heard about the burgeoning opportunities tied to the development of precision medicine (also called “personalized medicine”), which includes the use of an individual’s genetic information to design targeted...more

McDonnell Boehnen Hulbert & Berghoff LLP

Genes and Information: The Problem of Disease-specific Databases

One of the many untruthful positions taken by the ACLU in the AMP v. Myriad Genetics case was that DNA is merely information, like a computer program, and as such Myriad's patent claims were invalid as reciting...more

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