No Password Required: Founder and Commissioner of the US Cyber Games, CEO of the Cyber Marketing Firm Katzcy, and Someone Who Values Perseverance Over Perfection
Biometric Litigation
Founder of Cyber Security Unity, Member of the Order of the British Empire, and Appreciator of '80s Soap Operas
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
No Password Required: The Custom T-Shirt-Wearing CEO Who Not Only Appreciates Mega Man ... He Basically Is One
Hybrid Workforces and Compliance with Sheila Limmroth
Legislating Data Privacy Series: A Conversation with Massachusetts Representatives Dave Rogers and Andy Vargas
State Law Privacy Video Series | Privacy and Sensitive Information
Podcast: BIPA Trends in 2022
State Law Privacy Video Series | Applicability
Getting Personal—Wearable Devices, Data, and Compliance
Episode 8: Why brokers, not breaches, are America's greatest privacy threat (with Rob Shavell)
NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
Inside Privacy Law: The Regulation of Personal Data
NGE On Demand: Cybersecurity Considerations for Emerging Companies with Michael Gray and David Wheeler
Oklahoma: Changing Data Privacy as We Know It?
The Convergence of AI and Data Privacy in eDiscovery: Using AI and Analytics to Identify Personal Information
Reducing Cybersecurity Burdens with a Customized Data Breach Workflow
Sitting with the C-Suite: Looking Ahead to Potential Compliance Issues Due to COVID-19
Sitting with the C-Suite: Information Governance and eDiscovery - Key Compliance Issues for In-House Counsel
On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more
The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more
Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more
The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30,...more
The American reverence for entrepreneurial spirit and free enterprise is reflected in the profound influence of capitalism on our healthcare system. In contrast to many other advanced industrialized countries with state-run...more
The Cybersecurity and Infrastructure Agency (CISA) is seeking comment on a proposed rule to implement reporting requirements for critical infrastructure entities, including health care entities, on cyberattacks and ransomware...more
Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who...more
On January 1, California's Assembly Bill No. 352 (AB 352) went into effect, introducing significant changes to the handling and sharing of sensitive health information — particularly information related to reproductive health...more
You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month...more
Report on Patient Privacy 23, no. 12 (December, 2023) Northwell Health in New York and Cook County Health in Chicago each experienced impacts from a breach at Nevada-based transcription company Perry Johnson & Associates...more
On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more
Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more
Estate of Lasiw by Lasiw v. Periera, 475 N.J. Super. 378 (2023) - Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule...more
On July 20, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) sent a joint letter to approximately 130 hospitals, telehealth providers, health...more
On June 30, 2023, Mount Desert Island Hospital (“MDIH”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party had gained...more
Join Elliot Golding, Daniel Gottlieb and Amy Pimentel for a deep dive into how the new state privacy laws impact the healthcare and financial services industries....more
On May 18, the FTC issued a notice of proposed rulemaking (NPRM) and request for public comment on changes to its Health Breach Notification Rule (Rule), following a notice issued last September (covered by InfoBytes here)...more
To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more
Personal information from federal lawmakers and congressional staff members was available on the dark web following a breach of DC Health Link, the health insurance marketplace for Washington, D.C. In an internal memo sent to...more
Keypoint: In the aftermath of the Supreme Court’s Dobbs decision, Washington legislators introduced legislation to enhance privacy protections for consumer health data. In early March, lawmakers in Washington state’s House...more
In some respects, assuring compliance with HIPAA has always been a challenge because many health care providers, particularly physicians, pride themselves on maintaining patient confidentiality—even when they aren’t. Nurses,...more
On March 2, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (also referred to as “proposed consent order”) with BetterHelp, Inc., an online counseling service, for allegedly disclosing its...more
Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more
It usually happens after a reported data breach. The organization experiencing the breach sends notifications to affected individuals, as well as federal and or state agencies where appropriate and perhaps other parties. Not...more
By January 31, 2023, general acute care hospitals, clinical labs and certain physician organizations and medical groups in California are required to enter into the Single Data Sharing Agreement (DSA) to participate in the...more