In the first part of this blog post, we looked into the OCR and FTC’s focus on third-party tracking technologies. We also reviewed the AHA Lawsuit and its impact for the use of tracking technologies. In this blog post, we...more
11/19/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Business Associates ,
Chevron Deference ,
Covered Entities ,
Data Collection ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
OCR ,
PHI ,
Third-Party Service Provider ,
Vendors ,
Web Tracking ,
Websites
Regulatory action and class action lawsuits related to pixels and other website technologies continued to surge in 2023 and 2024, particularly in the healthcare industry....more
11/6/2024
/ Class Action ,
Dobbs v. Jackson Women’s Health Organization ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Technology ,
HIPAA Breach Notification Rule ,
Hospitals ,
Mobile Apps ,
NPRM ,
OCR ,
PHI ,
Regulatory Oversight ,
Technology ,
Telehealth ,
Web Tracking ,
Websites
On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act...more
12/1/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Covered Entities ,
Data Collection ,
Governor Inslee ,
New Legislation ,
Notice Requirements ,
PHI ,
Private Right of Action ,
Reproductive Healthcare Issues ,
Risk Mitigation ,
State Privacy Laws
We’re back with a deeper dive into the 2023 Data Security and Incident Response Report, which features insights and metrics from 1,160+ incidents in 2022.
This episode dives deeper into Pixel & other website...more
One issue that can impede class certification in data breach class action litigation is the inability to calculate damages on a classwide basis. When there is a large data breach, only a fraction of those in the class are...more
Washington’s groundbreaking “My Health My Data Act” (HB 1155) (the Act) was signed into law on April 27, 2023. This Act imposes new requirements on the processing and sale of consumer health data by organizations with a nexus...more
As with many websites, hospitals often deploy third-party analytics tools to measure browser traffic in order to increase awareness of their websites, ensure website optimization and provide health care information to the...more
7/18/2023
/ Analytics ,
Class Action ,
Compliance ,
Defense Strategies ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Hospitals ,
Notice Requirements ,
PHI ,
Privacy Notice Rule ,
State Privacy Laws ,
Websites
The Russian military’s invasion of Ukraine, coupled with the considerable economic sanctions levied against Russia and certain Russian entities and individuals, has significantly impacted businesses worldwide. Recognizing the...more
4/25/2022
/ Business Interruption ,
Choice-of-Law ,
Contract Terms ,
Defense Strategies ,
Economic Sanctions ,
Force Majeure Clause ,
Impossibility ,
Material Adverse Change Clauses (MACs) ,
Military Conflict ,
Nonperformance ,
Russia ,
Supply Chain ,
Ukraine