News & Analysis as of

Right of Access

Mayer Brown

House Republicans Introduce Secure Data Act

Mayer Brown on

On April 22, 2026, Republicans who are part of the House Energy & Commerce Committee’s Privacy Working Group introduced the Secure Data Act (the “Act”), a comprehensive federal privacy bill that would establish a nationwide...more

BCLP

Business Emails and DSARs: How French Courts Are Redefining the Scope of 'Personal Data' Under the GDPR

BCLP on

Article 15 of the EU General Data Protection Regulation (GDPR) grants users the right to access their data: this broadly requires that the data subject has the right to know whether their personal data is being processed and...more

Goodwin

Weaponising Access Rights: CJEU Confirms Abusive Access Requests May Be Refused

Goodwin on

On 19 March 2026, the Court of Justice of the European Union (CJEU) in Case C-526/24 (Brillen Rottler) held that a data subject's first access request may, in certain circumstances, be refused as "excessive" under the EU...more

Jones Day

Climate Litigation Meets EU Transparency: Action Involving the CJEU’s Access-to-Documents Regime

Jones Day on

A newly filed action before the General Court of the European Union (Case T-489/25, Krüßmann v Court of Justice of the European Union) brings together two themes that have become increasingly prominent in EU public law:...more

Burr & Forman

Updating Your HIPAA Documentation to Account for Recent Legal Changes

Burr & Forman on

The Health Insurance Portability and Accountability Act of 1996, and its implementing regulations (“HIPAA”), address how health care providers may use and/or disclose patient information. In that regard, HIPAA mandates that...more

Husch Blackwell LLP

Enforcement Ramps Up on Patient Right of Access: What Providers Need to Know 

Husch Blackwell LLP on

The Health Insurance Portability and Accountability Act (HIPAA) has long been the cornerstone of patient privacy and data protection. Among its most patient-centric provisions is the Right of Access rule, which guarantees...more

Estlund Law, P.A.

Lyon, France: INTERPOL’s CCF Annual Activity Report for 2024 (Post 2 of 3)

Estlund Law, P.A. on

Every year, INTERPOL’s Commission for the Control of INTERPOL Files(CCF) releases an Annual Report covering the Commission’s accomplishments. Today’s post will be addressing the report for 2024 and the reported requests for...more

Estlund Law, P.A.

Lyon, France: INTERPOL’s CCF Annual Activity Report for 2024- Growing Requests(Post 1 of 3)

Estlund Law, P.A. on

This series of posts will focus on INTERPOL’s Commission for the Control of INTERPOL Files(CCF) 2024 activity report,* including the growth of  requests for access, deletion, and revision of INTERPOL notices....more

Health Care Compliance Association (HCCA)

Provider’s $82.57 Fee for Records = $112K Penalty, Six Years of Legal Bills

At some point, maybe it’s just simple math. What does it cost to not get in trouble with the HHS Office for Civil Rights (OCR)? This is not about dropping thousands of dollars to do a security risk analysis—and don’t forget...more

Dentons

Ep. 93 – Providing Parents with Access to Their Minor Child’s Healthcare Records

Dentons on

Providing parents with access to their child’s healthcare information is not a new legal requirement, but given recent guidance and statements from federal regulators, it is an area of renewed enforcement focus. Now is a good...more

Health Care Compliance Association (HCCA)

OCR Director Stannard: Enforcement Widening To Encompass Risk Management, Parents’ Access

Paula Stannard, the newish director of the HHS Office for Civil Rights (OCR), plans to continue two enforcement initiatives with which covered entities (CEs) and business associates (BAs) likely are familiar—but she’s...more

Shumaker, Loop & Kendrick, LLP

Client Alert: HIPAA Enforcement Risks and Mitigation Strategies: Summary of Recent Office for Civil Rights Actions

This summary highlights recent 2025 Health Insurance Portability and Accountability Act (HIPAA) enforcement actions by the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR), the risks they...more

Kerr Russell

Miscellaneous Questions about Dental Records

Kerr Russell on

Dan Schulte answers common questions related to dental records in the latest issue of the Michigan Dental Association Journal. Question: Am I required to furnish patient records to a patient upon request? Answer: The...more

Rivkin Radler LLP

OCR Issues Guidance on Parental Access to Children’s Medical Records

Rivkin Radler LLP on

It was brought to the attention of the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) that healthcare providers may be violating HIPAA in certain instances where they deny parental access to a...more

Ropes & Gray LLP

Three Lessons From the Latest Celebrity DSAR

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Does your organisation see an uptick in data subject access requests whenever the story of a high-profile individual exercising their data protection rights makes the headlines? DSARs are a real leveller. Whether the...more

Nossaman LLP

Key Considerations for Identifying Project Right-of-Way Needs

Nossaman LLP on

When public agencies or utilities move forward with infrastructure projects, one of the most critical steps is determining exactly what property rights must be acquired. Too often, agencies focus solely on the permanent...more

BakerHostetler

Updated HIPAA FAQs: Reaffirmation of the Obvious

BakerHostetler on

On Aug. 11, 2025, the Department of Health and Human Services’ Office for Civil Rights (OCR) announced updates to the Privacy Rule’s frequently asked questions (FAQs)....more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest September 2025

Welcome to the September 2025 edition of MHH's Condo/Co-op Digest. We hope our readers enjoyed their August holidays as much as we did and that all of their summer capital improvement projects are all underway and on...more

Dentons

Ep. 76 – Back to Basics: HIPAA Patient Rights – Requesting Restrictions

Dentons on

We’ve reached the final episode in our Back-to-Basics: HIPAA Edition series! Over the past few weeks, we’ve explored some of the fundamental patient rights under HIPAA, including: The right to access their PHI...more

Baker Donelson

New and Updated HIPAA Privacy Rule FAQs

Baker Donelson on

1. What's Changed? The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued new and updated Frequently Asked Questions (FAQs) interpreting the HIPAA Privacy Rule. These additions align with...more

Dentons

Ep. 73 – Back to Basics: Understanding a Patient’s Right to Access Their Health Information

Dentons on

In celebration of the back-to-school season, the Healthcare Compliance Podcast is launching a new Back to Basics series—this time with a focus on patient rights under HIPAA. Each Thursday in August, the podcast will cover a...more

Warner Norcross + Judd

OCR Enforcement Intensifies: Key Takeaways on Risk Analysis and Right of Access

Warner Norcross + Judd on

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services has renewed its focus on two critical areas of HIPAA compliance: risk analysis and individual right of access. These enforcement...more

Robinson+Cole Data Privacy + Security Insider

OCR Active with Settlements and Enforcement Actions in November and Early December

The Office for Civil Rights of the Department of Health and Human Services (OCR) was busy negotiating and settling enforcement actions in November and early December. Since October 31, 2024, the OCR has settled five separate...more

BakerHostetler

It’s Officially Enforcement Season: OCR Announces First Penalty Under New Risk Analysis Initiative

BakerHostetler on

On October 31, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) embraced the end of Spooky Season by announcing two more ransomware-related enforcement actions. ...more

BakerHostetler

6 Important Takeaways for HIPAA Covered Entities and Business Associates from 2024 NIST HHS OCR Conference

BakerHostetler on

On October 23-24, 2024, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) Information Technology Laboratory hosted the Safeguarding...more

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