On September 27, 2022, California Governor Gavin Newsom signed into law a pair of bills designed to prevent medical information and other data held by California entities from being used in out-of-state abortion prosecutions.
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Personal Health Information
OCR Announces $300,000 Settlement Related to Improper Disposal of Physical PHI
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On August 23, 2022, the U.S. Department of Health & Human Services, Office for Civil Rights announced that it had settled a case involving the disposal of physical protected health information. …
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NIST Publishes New Draft Guidance on HIPAA Security Rule
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On July 21, 2022, the National Institute of Standards and Technology released an updated draft of its HIPAA Security Rule guidance. …
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President Biden Issues Executive Order Protecting Privacy of Reproductive Health Data
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Posted in Enforcement, Health Privacy
On July 8, 2022, President Biden issued an Executive Order titled, “Protecting Access to Reproductive Health Care Services,” in response to the overturning of Roe v. Wade. …
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California Attorney General Reminds Health App Providers of Obligations to Protect Reproductive Health Information
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On May 26, 2022, California Attorney General Rob Bonta issued a press release reminding health app providers that California’s Confidentiality of Medical Information Act applies to mobile apps that are designed to store medical information, which includes health apps such as fertility trackers. …
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FTC Settles Children’s Privacy Case with WW (formerly Weight Watchers)
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The Federal Trade Commission has reached a settlement with WW International, Inc. and Kurbo, Inc. over allegations the companies improperly registered children for the “Kurbo by WW” online weight loss management program. In pleadings filed on February 16, 2022, in federal court in the Northern District of California, the FTC claims WW and Kurbo offered…
California Governor Signs into Law Bills Updating the CPRA and Bills Addressing the Privacy and Security of Genetic and Medical Data, Among Others
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Posted in Health Privacy, U.S. State Law
During the week of October 4, 2021, California Governor Gavin Newsom signed into law bills amending the California Privacy Rights Act of 2020, California’s data breach notification law and California’s data security law. Additional bills, amending the California Confidentiality of Medical Information Act and the California Insurance Code, also were also signed into law. The Governor also signed into law a bill protecting the privacy and security of genetic data processed by direct-to-consumer genetic testing companies, and a bill designed to prevent the sale, purchase and use of data obtained by illegal means.
Continue Reading California Governor Signs into Law Bills Updating the CPRA and Bills Addressing the Privacy and Security of Genetic and Medical Data, Among Others
Florida’s Protecting DNA Privacy Act Goes into Effect
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Posted in Health Privacy, U.S. State Law
On October 1, 2021, Florida’s Protecting DNA Privacy Act took effect. The Act, signed into law by Governor Ron DeSantis on June 29, restricts the collection, use, retention, maintenance, analysis and disclosure of any DNA sample or analysis derived from a person in Florida.
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French Highest Court Rejects Suspension of Partnership with EU Service Provider Using AWS; Extends Application of the Schrems II Requirements
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France’s highest administrative court recently issued a summary judgment that rejected a request for the suspension of the partnership between the French Ministry of Health and Doctolib, a leading provider of online medical consultations in Europe, for the management of COVID-19 vaccination appointments. …
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FTC Settles with Fertility-Tracking App Developer Regarding Health Data Disclosures
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On January 13, 2021, the FTC announced that fertility-app developer Flo Health, Inc. (“Flo”) agreed to a settlement over allegations that the company shared app users’ health information with third-party data analytics providers despite representations that Flo would keep such information private.
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