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Goodwin

Navigating the Digital Health Frontier: Unpacking NYHIPA’s Far-Reaching Impact on Health Data Privacy

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On January 22, the New York State Legislature passed Senate Bill S929, titled the New York Health Information Privacy Act (NYHIPA), which is poised to redefine how businesses handle health and wellness-related data in and...more

BCLP

Court of Appeal Considers the Test for CPR 19.8 Representative Actions in Prismall v Google

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The Court of Appeal has handed down its judgment in the case of Prismall v Google UK Ltd and DeepMind Technologies Ltd [2024] EWCA Civ 1516. Finding for Google, the Court of Appeal upheld the lower Court’s decision to...more

Robinson+Cole Data Privacy + Security Insider

American Addiction Centers Hit with PHI Breach Class Action

American Addiction Centers Inc. faces a class action in the Middle District of Tennessee for allegations that it violated the Health Insurance Portability and Accountability Act (HIPAA) by failing to protect patient data from...more

Health Care Compliance Association (HCCA)

Disclosure of Full Record to Employer Results in $35K Fine, Broad CAP; Echoes of 2017 HIV Case

It’s not immediately obvious why someone would want to disclose a health care test result as part of a job application. But one such request spurred a Pennsylvania entity to provide a lot more than that: it sent her whole...more

Array

This Week in eDiscovery: The Cost of Securing Sensitive Data, Responding to Discovery Issues

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 19-25. Here’s what’s...more

BakerHostetler

Deeper Dive: FTC in 2024 Continues Aggressive Privacy Path - But Don’t Forget About that Rulemaking

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We have seen a dizzying amount of Federal Trade Commission (FTC or Agency) enforcement on the privacy front in 2024, with a heavy focus on the collection and sharing of health data, browsing and geolocation data, and...more

Hinch Newman LLP

Whoa! U.S. Lawsuit Against Telehealth Providers and Executives Should Turn Heads

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On June 10, 2024, the U.S. Justice Department announced that together with the Federal Trade Commission, it filed an amended complaint against telehealth company Cerebral Inc., Cerebral’s founder and former Chief Executive...more

WilmerHale

Maryland and Nebraska Adopt Comprehensive Privacy Laws

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The final weeks for many state legislatures have witnessed significant movements in the U.S. data privacy landscape. Last month, Nebraska Governor Jim Pillen signed the Data Privacy Act, LB1074, into law....more

Latham & Watkins LLP

Riding the Wave: US Privacy Laws Continue to Proliferate in 2024

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Businesses need to be proactive in updating their compliance measures to meet the ever-evolving set of privacy laws and regulatory expectations in 2024 and beyond. Following the notable uptick in state-level privacy laws...more

Davis Wright Tremaine LLP

Maryland Creates a New Paradigm for Data Privacy

On May 10, 2024, Maryland Governor Wes Moore signed the Maryland Online Data Privacy Act of 2024 ("MODPA" or the "Act"), bringing the number of comprehensive state privacy laws to 18and establishing a new, more restrictive...more

Robinson+Cole Data Privacy + Security Insider

Federal Trade Commission Continues to Target Healthcare Companies for Unauthorized Data Disclosures

The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after...more

Fenwick & West LLP

Cyber Resilience After the Change Healthcare Breach

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More than two months after the February 2024 Change Healthcare cyber-ransom attack, the healthcare industry continues to grapple with the fallout, creating significant challenges, disruptions, and outages to the healthcare...more

Benesch

REMINDER: Washington’s “My Health My Data” Act Now In Effect

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Washington’s My Health My Data Act implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. As of March 31, 2024 the Washington My Health My...more

King & Spalding

Executive Order Restricts Foreign Access to U.S. Data, Citing National Security Risks

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On February 28, 2024, President Biden signed Executive Order (EO) 14117 titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” On March 5,...more

Williams Mullen

How President Biden’s Executive Order Aims to Protect Your Personal Data from Countries of Concern

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On February 28, 2024, President Biden announced he was signing an Executive Order intended to protect Americans’ sensitive personal data. The Executive Order focuses on large-scale transfers of (i) genomic data, (ii)...more

King & Spalding

Florida Digital Bill of Rights

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On June 6, 2023, the Florida Digital Bill of Rights (“FDBR”) was signed into law, and goes into effect on July 1, 2024 with some exceptions—the prohibition of government-directed content moderation of social media platforms...more

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

California’s Privacy Laws: Financial and Medical Data, Website Usage, Children’s Data, Data Brokers, and Customer Records

California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance with the California Consumer...more

Dorsey & Whitney LLP

Looking Down the Road: Data Privacy Priorities in 2024

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2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data...more

Lighthouse

Why the Best Document Reviewers Are Supported by AI and Advanced Technology

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Document review is exceptionally challenging today. Data volumes continue to rise, modern data types require special handling, and risks of disclosing sensitive information are high. This places incredible stress on...more

Baker Donelson

Navigating U.S. State Privacy Laws: New Jersey Adds New Roads to an Already Complicated Map

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On January 16, 2024, New Jersey Governor Phil Murphy signed into law the first comprehensive state privacy law of 2024 (SB 332). As states wait for federal privacy legislation to materialize, New Jersey's legislation becomes...more

Stark & Stark

Cybersecurity Lawsuit Against NJ Hospitals After Data Breach

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Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process....more

Butler Snow LLP

Health Care Due Diligence: An Ounce of Prevention is Worth a Pound of Cure

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Due diligence properly performed in connection with the purchase and sale of a health care entity is simply different—vastly so—than due diligence performed in other contexts. Failure to recognize this reality can lead to...more

WilmerHale

California Looks to Amend Data Broker Law

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The state of California is on the verge of amending its current data broker law with Senate Bill 362, also known as the Delete Act (“the Act”). The Act passed in the Assembly’s Committee on Privacy and Consumer Protection and...more

Benesch

As Connecticut Data Protection Law Comes into Effect, New Law Amends - and Adds - Key Provisions

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A recently passed law in Connecticut adds in specific protections on sub-sets of consumer health data, creates new rights related to social media, and clarifies requirements related to children’s data....more

Cozen O'Connor

FTC and HHS Express Concern Over Health Data Disclosed by Online Tracking Technologies

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The FTC and HHS Office of Civil Rights sent a joint letter to approximately 130 hospital systems and telehealth providers to warn them about the risks of unauthorized disclosure of personal health information (PHI) associated...more

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