The FTC and OCR at HHS are continuing to scrutinize the use of tracking technologies that may reveal information about a person’s health or health status. Both agencies recently sent a letter to a reported 130 hospitals and telehealth providers warning about the use of tracking technologies and the risks they pose. This follows on the heels of other statements, guidance, and enforcement actions from these regulators about these tools over the past two years.Continue Reading Regulators Send Warning Letter to Hospitals and Telehealth Providers About Tracking Technology Use
Julia Kadish
Julia Kadish is a partner in the Intellectual Property Practice Group in the firm's Chicago office and a member of the Privacy and Cybersecurity Team.
Impact of the Last Minute CCPA-Enforcement Delay
A California court recently issued a ruling delaying the CPPA’s ability to enforce the most recent CCPA regulations until March 29, 2024. This does not delay enforcement of the CCPA statute or existing regulations.Continue Reading Impact of the Last Minute CCPA-Enforcement Delay
FTC Looks to Update Health Breach Notification Rule, Targeting Digital Health Industry
The FTC recently proposed amendments to the Health Breach Notification Rule (HBNR). This is on trend with its aggressive interest over the last couple of years in health data not covered by HIPAA.Continue Reading FTC Looks to Update Health Breach Notification Rule, Targeting Digital Health Industry
The Comprehensive Privacy Law Deluge: Approaching Choice and Rights
Companies may want to review their consumer rights processes as we approach July 1. This is the date of enforcement for those parts of CCPA modified by CPRA. It is also the effective date of two more state privacy laws: Colorado and Connecticut. Neither law is substantively much different from California and Virginia, but if an entity was not subject to those laws it may be subject to those in these two additional states. Let’s recap the requirements around choice and individual rights:Continue Reading The Comprehensive Privacy Law Deluge: Approaching Choice and Rights
Another Governor Signs: Florida Privacy Law Will be Effective July 2024
Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy law, similar to parts of California’s Age Appropriate Design Act, going into effect July 1, 2024.Continue Reading Another Governor Signs: Florida Privacy Law Will be Effective July 2024
Governor Signs: Hoosier State Adds to the US Privacy Patchwork
Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical to recent comprehensive privacy laws in other states.Continue Reading Governor Signs: Hoosier State Adds to the US Privacy Patchwork
My Health My Data Act: Consent Requirements
In this third post in our ongoing series, we examine the scope of the consent requirements under the recently enacted My Health My Data Act. (Visit here for information about the scope of the law and here for information about consumer rights). The Act imposes consent requirements on a wide range of common processing activities.Continue Reading My Health My Data Act: Consent Requirements
My Health My Data Act: Consumer Rights
In this second post in our ongoing series, we examine the scope of rights given to consumers under the recently enacted My Health My Data Act. (Visit here for information on the scope of the law). The law provides consumers several rights, all of which are in other privacy laws. However, the requirements associated with some of these rights create some unique challenges.Continue Reading My Health My Data Act: Consumer Rights
My Health My Data Act: Scope of the Law
On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. While the 2023 legislative season has been busy for state “comprehensive” privacy laws, this law is likely to have the most impact on businesses. The My Health My Data Act covers a very wide range of entities, consumers, and data, as we describe below. And, it contains a private right of action. With the law coming into effect in the first half of 2024, organizations will want to take steps now to understand the scope of this law and its onerous obligations.Continue Reading My Health My Data Act: Scope of the Law
Utah Amends Data Breach Law, Creates Cyber Center
Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents. If the breach involves 1,000 or more residents, then notification to each consumer reporting agency is also required.Continue Reading Utah Amends Data Breach Law, Creates Cyber Center