The United States Court of Appeals for the Fifth Circuit recently vacated a 4.3 million dollar civil monetary penalty imposed by the Department of Health and Human Services’ Office for Civil Rights in 2017 against the University of Texas M.D. Anderson Cancer Center, holding that the penalty was “arbitrary, capricious, and otherwise unlawful.”
Continue Reading Fifth Circuit Court of Appeals Vacates MD Anderson HIPAA Penalty
Health Privacy
OCR Settles with Orthopedic Clinic for $1.5 Million for Alleged HIPAA Noncompliance
Posted on
Posted in Health Privacy, Security Breach
On September 21, 2020, the U.S. Department of Health and Human Services Office for Civil Rights announced a $1.5 million settlement with Athens Orthopedic Clinic PA for alleged violations of the HIPAA Privacy and Security Rules.…
Continue Reading OCR Settles with Orthopedic Clinic for $1.5 Million for Alleged HIPAA Noncompliance
OCR Settles Five More Investigations Under HIPAA Right of Access Initiative
Posted on
On September 15, 2020, the U.S. Department of Health and Human Services’ Office for Civil Rights announced five more settlements under its HIPAA Right of Access Initiative.…
Continue Reading OCR Settles Five More Investigations Under HIPAA Right of Access Initiative
Businesses to Assist UK Test and Trace Effort
Posted on
Posted in Health Privacy, International
The UK Prime Minister, Boris Johnson, announced that restrictions relating to COVID-19 would be eased as of July 4, 2020, but that businesses will be asked to assist in the government’s efforts to employ contact tracing of infected individuals.…
Continue Reading Businesses to Assist UK Test and Trace Effort
ICO Releases COVID-19 Guidance for Re-Opening Workplaces
Posted on
Posted in Health Privacy, International
The UK Information Commissioner’s Office has released guidance that sets out the key principles of data protection that should be kept in mind as employers put measures in place to prevent the spread of COVID-19.…
Continue Reading ICO Releases COVID-19 Guidance for Re-Opening Workplaces
EDPB Releases Statement on the Processing of Personal Data in the Context of Reopening Borders Following the COVID-19 Outbreak
Posted on
On June 16, 2020, the European Data Protection Board released a statement on the processing of personal data in the context of reopening borders following the COVID-19 outbreak.…
Continue Reading EDPB Releases Statement on the Processing of Personal Data in the Context of Reopening Borders Following the COVID-19 Outbreak
California Senate Proposes Amendment to CCPA to Address De-Identification and Information Used for Research and Public Health Purposes
Posted on
Posted in Health Privacy, U.S. State Law
On June 11, 2020, the California Senate amended AB-713 to the California Consumer Privacy Act. The Senate’s recent amendments impose new contractual obligations on the use or sale of de-identified information and modify the exemption from the CCPA for information used for public health purposes. …
Continue Reading California Senate Proposes Amendment to CCPA to Address De-Identification and Information Used for Research and Public Health Purposes
Belgian DPA Publishes Guidance on Temperature Checks for COVID-19 Monitoring
Posted on
On June 5, 2020, the Belgian Data Protection Authority published some guidance on its website regarding temperature checks amid of the COVID-19 crisis.…
Continue Reading Belgian DPA Publishes Guidance on Temperature Checks for COVID-19 Monitoring
Bipartisan Bill Provides Privacy Protections for Users of Contact Tracing Tech
Posted on
Posted in Health Privacy, U.S. Federal Law
On June 1, 2020, U.S. Senators Maria Cantwell and Bill Cassidy introduced the Exposure Notification Privacy Act, bipartisan legislation that would impose requirements and restrictions on operators of automated exposure notification services. …
Continue Reading Bipartisan Bill Provides Privacy Protections for Users of Contact Tracing Tech
Belgian DPA Publishes Opinions on Draft Laws for the Creation of a Database and for the Use of Contact Tracing Apps for COVID-19 Tracking
Posted on
Posted in Health Privacy, International
On May 25 and May 26, 2020 respectively, the Belgian Data Protection Authority published two opinions on draft laws introducing COVID-19-related tracking initiatives. …
Continue Reading Belgian DPA Publishes Opinions on Draft Laws for the Creation of a Database and for the Use of Contact Tracing Apps for COVID-19 Tracking