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
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
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
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
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
The FTC is closing out 2022 with additional guidance for mobile health app developers signaling its continued interest in this industry. Since 2021, we have seen several steps from the agency demonstrating a focus on companies that collect health information but may not be a covered entity or business associate under HIPAA. This includes publishing additional resources, releasing commentary broadly interpreting the FTC’s Health Breach Notification Rule, and enforcement activity. Most recently, the FTC and other key regulators updated its “Mobile Health App Interactive Tool”.Continue Reading FTC and Other Regulators Continue to Signal Interest in Mobile Health Apps
Utah recently joined California, Colorado, and Virginia in passing a comprehensive privacy law. It goes into effect December 31, 2023 and shares similarities with other states’ laws. Businesses may be glad to learn that Utah takes a lighter touch in some key areas.
Continue Reading The Beehive State Joins the State Privacy Law Hive: Utah Privacy Law Passes
The FTC recently published two new resources for complying with the Health Breach Notification Rule. The Rule requires vendors of personal health records (PHR), PHR-related entities and service providers to these entities, to notify consumers and the FTC (and, in some cases, the media) in the event of a breach of unsecured identifiable health information. The guidance reaffirms and adds further clarity to the Agency’s broad interpretation of the Rule released in its policy statement last fall.
Continue Reading FTC Continues to Signal Interest in Digital Health Industry, Publishing Updated Resources
The digital health sector has been rapidly growing, and the demand is not expected to diminish. Those in the industry will want to keep in mind some key legal concerns in the coming year, which we outline in this recent article. Privacy and cybersecurity features among these, and include more than just HIPAA concerns. There is an ever-growing patchwork of state and federal privacy laws that are being applied to the industry. At the same time, cyber threat actors are finding ways to attack even the most prepared companies in the digital health space.
Continue Reading Digital Health Trends and Privacy: What to Watch in 2022
California recently updated both its data security and breach notice laws to include genetic data. With the passage of AB 825, the data security law now includes in the definition of “personal information” genetic data. The information needs to be “reasonably protected.” While many other states have similar “reasonable protection” requirements in their data security laws, California is one of a handful to specifically list genetic information.
Continue Reading California Broadens Security and Breach Laws, Includes Genetic Data
California’s governor recently signed SB 41 into law. The bill enacts the Genetic Information Privacy Act (GIPA). The governor rejected a similar bill last year over concerns about COVID-19 public health efforts. To address that concern, this bill exempts tests used to diagnose whether an individual has a specific disease.
Continue Reading California Enacts New Privacy Law for Genetic Data