Data Protection

Subscribe to Data Protection RSS Feed

Join us on September 28 for a Webinar on Washington’s My Health My Data Act and other Consumer Health Data Regulation

By Squire Patton Boggs on Posted in Data Protection, Digital Health
With its private right of action and expansive scope – extending far beyond Washington state’s borders and applying to a wide swath of health- and non-health-oriented companies alike – Washington’s My Health My Data Act is poised to be more ground-shifting than any other consumer privacy law that came before it. Join Kyle Fath, Bola … Continue Reading

The Impact of India’s New Privacy Law on Healthcare

By Malcolm Dowden, Charmian Aw and Bindu Janardhanan on Posted in Cybersecurity, Data Protection, India
In August 2023, India’s Digital Personal Data Protection Act (Act) received presidential assent, formalizing its first ever comprehensive and union-wide data protection law. The Act differs in many respects from a preceding version that was withdrawn in 2022, and reflects intensive discussion and revisions since then. In its final form, the Act reflects the central … Continue Reading

Florida Electronic Health Records Exchange Act Amended – Health Records Maintained by Qualifying Health Care Providers Must Be Stored in the U.S., U.S. Territories, and Canada Only

By Julia Jacobson, John Wyand, Kimberly Donovan and Gicel Tomimbang on Posted in Data Protection, Digital Health, Electronic Health Records, Florida, HIPAA
On May 8, 2023, Governor Ron DeSantis of Florida signed CS/CS/SB 264, amending a suite of Florida statutes to impose heightened requirements on business activities involving foreign interests.  As related to the health care industry, CS/CS/SB 264 amended the Florida Electronic Health Records Exchange Act (“Act”) to, among other things, require “health care providers” that … Continue Reading

OCR Joins Chorus of Regulators Warning About Health Data Tracking Technology

By Julia Jacobson and Gicel Tomimbang on Posted in Compliance, Data Protection, Digital Health, HIPAA, Privacy, Publications, Technology
Key Takeaway: Organizations must conduct a fact-based analysis to determine whether health data collection and tracking technology deployed on their websites and mobile apps complies with the federal Health Insurance Portability and Accountability Act (“HIPAA”) and other applicable laws and guidance. Cookies, web beacons, and similar technology are used to collect and analyze data about … Continue Reading

Healthcare Research: A Transatlantic and Trans-European Dialogue Seminar

By Squire Patton Boggs on Posted in Data Protection, EU, Privacy
On November 23rd, a Squire Patton Boggs partner will lead a panel of industry thought leaders in a discussion of transcontinental health research and data issues.  Topics to be explored include: What are the challenges that companies need to face in order to promote research with health data? What should evolve in the legal framework … Continue Reading

Webinar: Got Data?: How the Health Data Rules are Changing

By Squire Patton Boggs on Posted in COVID-19, Data Protection, HIPAA, Privacy
On June 1, an SPB Partner and other industry experts will co-present on the ABA Webinar: Got Data?: How the Health Data Rules are Changing. The program, organized by the American Bar Association (ABA) will address recent and upcoming developments impacting health data including, CMS and ONC final rules on information blocking and interoperability, HIPPA and guidance … Continue Reading

The Illinois Biometric Information Privacy Act (“BIPA”): When Will Companies Heed the Warning Signs?

By Squire Patton Boggs on Posted in Data Protection, Illinois, Privacy
The Illinois Biometric Information Privacy Act (“BIPA”) went into effect in 2008 and has been a steady source of litigation ever since.  BIPA regulates how “private entities” collect, use and share biometric data and imposes certain security requirements.  The stated intent of BIPA was to address the heightened risk of identity theft associated with the processing … Continue Reading

Medical Imaging Company Pays $3 Million Data Security Fine

By John Wyand on Posted in Civil Monetary Penalties Law, Cybersecurity, Data Protection, Department of Health and Human Services, HIPAA, Privacy
A medical imaging company is paying for its flawed data security system. In addition to its system failures, the company failed to investigate and respond properly when alerted to problems by the FBI. As a result, the Office of Civil Rights imposed a $3 million penalty and required a corrective action plan. This yet another … Continue Reading

Digital Health Update: Recent FDA Cyber Initiatives

By Jennifer Tharp on Posted in Cybersecurity, Data Protection, Department of Health and Human Services, Digital Health, FDA, Life Sciences, Medical Device, Policy, Regulatory Compliance, Technology
The Food and Drug Administration (“FDA”) has greatly increased its activity around cybersecurity initiatives and medical devices. As we approach the end of the year, this is a great opportunity to review recent developments. FDA Medical Device Cybersecurity Guidance On October 18, 2018, the FDA published draft guidance, “Content of Premarket Submissions for Management of … Continue Reading

How To Avoid Paying $2,000 A Day To Encrypt ePHI

By Squire Patton Boggs on Posted in Compliance, Cybersecurity, Data Protection, Department of Health and Human Services, HIPAA, Regulations, Technology, Telehealth
Let’s hope you don’t pay that much to encrypt electronic Protected Health Information (ePHI). How about a total of $4.3 million over two years? Well, that’s the total penalty for encryption violations assessed by Health and Human Services (HHS). An Administrative Law Judge found the penalty could have been much worse. The facts are sobering. … Continue Reading

Law360 Expert Analysis: Health Tech Is The New Focus For Cybersecurity Policy

By Squire Patton Boggs on Posted in Cybersecurity, Data Protection, Digital Health, Privacy, Technology
In a May 22, 2018 article that appeared in Law360 Expert Analysis piece, Squire Patton Boggs partner Elliot Golding writes, “There is no shortage of attention on health care data privacy and cybersecurity, with an avalanche of new and proposed government and regulatory initiatives underway. Although health care has long been a key target for … Continue Reading

New EU Strategy on Artificial Intelligence

By Wolfgang Maschek and Christina Economides on Posted in Cybersecurity, Data Protection, Digital Health, International Healthcare, Regulatory Compliance
On Wednesday 25 April, the EU Commission unveiled a new strategy to boost Europe’s capabilities and related industries around artificial intelligence. As you know, this is a “hot topic” that has the potential to affect many businesses and sectors across Europe and beyond. Many of our clients are very interested in this technology development (and … Continue Reading

Key Health Care Technology Privacy and Cybersecurity Considerations

By Squire Patton Boggs on Posted in Compliance, Cybersecurity, Data Protection, Digital Health, HIPAA, Medical Device, Privacy, Technology
In a podcast interview with Healthcare InfoSecurity, Squire Patton Boggs Partner Elliot Golding addresses evolving healthcare privacy and security issues, particularly complex issues involving Internet of Things (IoT) devices.  This includes addressing new risks when connected devices link to legacy systems, the applicable regulatory environment, and other key issues companies operating in the health care … Continue Reading

EU’s proposed eHealth measures focusing on broadening the availability and sharing of health data

By Wolfgang Maschek and Christina Economides on Posted in Cybersecurity, Data Protection, Digital Health, Regulatory Compliance
On 25 April 2018, the European Commission (EC) issued a Communication on enabling the digital transformation of healthcare, outlining the European Union’s (EU) priorities and actions towards digital health. The EU’s plan focuses on the following core priorities: Ensuring citizens’ access to their health data and introducing the possibility to share their data across borders; … Continue Reading

HHS OCR Issues New Research Guidance

By Squire Patton Boggs on Posted in Compliance, Data Protection, Department of Health and Human Services, HIPAA, Research
As part of its ongoing implementation of the 21st Century Cures Act (Public Law 114-255), the Department of Health and Human Services last month released a number of new HIPAA guidance tools, including additional information about research uses and disclosures.  The research guidance contains helpful tips for covered entities regarding authorizations, revocations, and “reviews preparatory … Continue Reading

HHS Task Force Identifies Critical Cybersecurity Recommendations

By Squire Patton Boggs on Posted in Cybersecurity, Data Protection, Department of Health and Human Services, Publications, Technology
The recent WannaCry ransomware attack and the bevy of breaches over the past few years demonstrate that cyber risks in the healthcare arena are substantial and widespread. The Department of Health and Human Services (HHS) Health Care Industry Cybersecurity (HCIC) Task Force Report (HCIC Report), required under the federal Cybersecurity Information Sharing Act of 2015, … Continue Reading

HHS Announces $400,000 HIPAA Settlement with Community Health Center

By Robert Nauman on Posted in Cybersecurity, Data Protection, HIPAA
The Department of Health and Human Services Office of Civil Rights (HHS OCR) recently settled with a notable covered entity – a nonprofit Federally Qualified Community Health Center (FQHC) – over alleged Health Information Portability and Accountability Act (HIPAA) Privacy and Security Rule violations. With the FQHC agreeing to pay $400,000 to HHS and entering … Continue Reading

Ransomware Scandals Rock Hospital Systems; HHS’ Proposed Rule May Help

By Robert Nauman on Posted in Compliance, Data Protection, Department of Health and Human Services, Electronic Health Records, Hospitals, Proposed Rule, Technology
Hospital systems are on notice for ransomware attacking their health IT systems after three hospital systems are reported to be victims of computer viruses.   In response, one hospital system paid almost $17,000 in Bitcoin to retrieve their EHR, while the other two hospital systems worked off paper records and backup systems for a few days … Continue Reading

Malicious Malware Brings On a Major HIPAA Headache

By Squire Patton Boggs on Posted in Cybersecurity, Data Protection, Department of Health and Human Services, Privacy
The United States Department of Health and Human Services (HHS) recently entered into a $750,000 resolution agreement with the University of Washington (UW) following an investigation.  The investigation was prompted by UW reporting a breach of about 90,000 people’s personal health information (PHI) after an employee unknowingly downloaded malicious malware from an email attachment. Similar … Continue Reading

Thinking About Cybersecurity – How to Get Organized & Better Manage Risk

By Squire Patton Boggs on Posted in Cybersecurity, Data Protection, Privacy
Another month, another round of data breaches – seem like a familiar refrain when healthcare providers, health plans and their counsel think about cybersecurity?  But what if instead we could get organized and manage this growing business risk in a more proactive manner? It sounds like a good idea, but for many counsel, who view … Continue Reading

Anthem Data Breach: A Dramatic Reminder about Data Security

By Squire Patton Boggs on Posted in Data Protection, HIPAA, Privacy
News of the data breach suffered by Anthem continues to dominate the news (here, here, and here for example).  And, further raising the stakes, class action lawsuits from individuals whose information has potentially been compromised are beginning to roll into courthouses across the country (California, Alabama, Indiana, Georgia, California (again), and California (again)).  Because health care data is such a … Continue Reading

Florida's New Data Breach Notification Law Shortens the Time Period for Reporting Data Breaches

By Squire Patton Boggs on Posted in Data Protection, Florida, Privacy
Florida enacted a new data breach reporting law, the Florida Information Protection Act (“FIPA”), which will affect most, if not all, healthcare businesses.  The law became effective the first of this month (July 1, 2014). The deadline for data breach reporting under FIPA is now 30 days, shortened from 45 days in the previous version … Continue Reading

Best Practice on Data Privacy

By Squire Patton Boggs on Posted in Compliance, Data Protection, Electronic Health Records, Privacy, Uncategorized
 Most organizations would agree that data privacy must be treated as a priority issue, not least because of the financial and reputational consequences of a data breach.  Squire Patton Boggs has a global team of specialists advising clients on local and global data issues. Two members of our team, Tom Zeno and Lindsay Holmes have written a two … Continue Reading
LexBlog