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.
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.
The US Department of Health and Human Services recently updated its guide to help the private and public healthcare sectors develop cybersecurity protocols that address NIST’s Framework for Improving Critical Infrastructure Cybersecurity. The guide is a toolkit, with information and resources intended to help companies implement cybersecurity programs in the health care space. While the aim of this guidance is to help companies implement NIST’s protocols for protecting US critical infrastructure, the recommendations contained in the guide mirror other agencies’ security recommendations (for example those we have written about from the Department of Labor and the FDA).
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
Florida recently passed a law governing DNA samples. The Act places several restrictions on the use, retention, and sharing of DNA samples. Those that violate the Act may face criminal liability.
Continue Reading Florida Imposes Criminal Penalties for Improper Processing of DNA
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
The use of apps, wearables, and other devices used to track health and wellness data have continued to rise. The FTC again signaled its focus on this growing industry in a statement on the scope of the Health Breach Notification Rule. In the statement, the FTC called out specific types of apps and trackers that it views as having notification obligations under this rule.
Continue Reading FTC Warns Digital Health Industry to Comply with its Breach Notification Rule
The California AG recently reminded companies in the healthcare industry of potential data breach notification obligations beyond HIPAA. As ransomware attacks continue to rise, particularly in healthcare, companies should keep in mind the patchwork of state and federal health data privacy laws that may apply.
Continue Reading Breach of PHI? California AG Reminds Companies of Potential State Notification Obligations
The FTC recently voted to authorize the use of compulsory processes—the FTC’s primary investigatory tools—on what it calls “key law enforcement priorities.” The resolutions allow investigators to take actions like issuing subpoenas and civil investigations demands (commonly referred to as “CIDs”) in a variety of areas. Of note is the inclusion of both healthcare markets and technology platforms, signaling a potential FTC interest in those sectors.
Continue Reading FTC Signals Focus on Healthcare and Technology Platforms, Among Others