On June 26, 2019, the Department of Health and Human Services Office for Civil Rights (OCR) issued two new FAQs that clarify:
The parameters around covered entities sharing protected health information (PHI) for a...more
The National Institute of Standards and Technology (NIST) has announced proposed changes to NIST Special Publication (SP) 800-171, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations. The...more
On May 24, 2019, the Department of Health and Human Services Office for Civil Rights (OCR) issued a new fact sheet which lists the provisions of the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules (HIPAA)...more
5/31/2019
/ Business Associates ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Enforcement ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Liability ,
OCR ,
Personally Identifiable Information ,
PHI
Welcome to Foley’s new Manufacturing MarketTrends newsletter. In each edition, we will highlight key trends to watch out for in 2019, making it a year of change for manufacturers. ...more
4/18/2019
/ China ,
Cybersecurity ,
Due Diligence ,
Economic Sanctions ,
Manufacturers ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Section 301 ,
Supply Chain ,
Tariffs ,
US Trade Policies
...On April 4, 2019, California Assembly Member Wicks proposed sweeping changes to bill AB 1760, effectively repealing the California Consumer Privacy Act of 2018 (CCPA) and replacing it with the Privacy for All Act of 2019...more
4/11/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Disclosure Requirements ,
Opt-In ,
Personal Data ,
Private Right of Action ,
Proposed Amendments ,
Regulatory Oversight ,
Right to Be Forgotten ,
Third-Party Service Provider
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
The U.S. Department of Health and Human Services (DHHS) recently released Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients (HICP). DHHS states that the purpose of the HICP is to:
1. Raise...more
New state laws that took effect January 1, 2019, likely will have a broader impact on how U.S. companies collect, process, and secure consumers’ personal information, in addition to how and when they report data breaches....more
1/11/2019
/ Consumer Privacy Rights ,
Consumer Protection Act ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Digital Service Providers ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
State and Local Government ,
State Data Breach Notification Statutes ,
Third-Party
On December 12, 2018, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), requested public comments on potential changes to the Health Insurance Portability and Accountability Act’s...more
12/19/2018
/ Comment Period ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
OCR ,
PHI ,
Public Comment ,
Request For Information
On September 26, 2018, a record settlement was reached between Uber and the attorneys general of all 50 states and the District of Columbia over the company’s 2016 data breach. While this case presents an extreme example of...more
...On June 28, 2018, California passed AB 375, the California Consumer Privacy Act of 2018 (CCPA), which will become effective January 1, 2020. Introduced just a week earlier in an effort to defeat a much stricter...more
7/3/2018
/ Consumer Protection Laws ,
Cybersecurity ,
Data Collection ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Right to Be Forgotten ,
State and Local Government
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
So far 2017 is proving to be an active year for Health Insurance Portability and Accountability Act (HIPAA) enforcement. This comes on the heels of 2016, which saw an unprecedented level of enforcement actions, with 13 total...more
With the news of the newest international ransomware campaign that is currently affecting some organizations within the Health Care sector, it is important to not only educate staff on necessary precautions, but also be aware...more
Businesses have been scrambling since Friday evening when news spread that a ransomware attack named WannaCry is compromising organizations at an alarming rate. In less than 48 hours, it has compromised more than 130,000...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
As a life sciences or medical device company, it is mission critical to protect lab books, drug and clinical test data, product formulas and production processes that underlie your patents, trade secrets and know-how from...more
4/4/2017
/ Biotechnology ,
Confidential Information ,
Corporate Officers ,
Cybersecurity ,
Data Breach Plans ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incident Response Plans ,
Intellectual Property Protection ,
Life Sciences ,
Medical Devices ,
Non-Disclosure Agreement ,
Pharmaceutical Industry ,
Policies and Procedures ,
Popular ,
Trade Secrets
Following on the heels of an active 2015, where eight states enacted changes to their data breach notification laws, another five states amended their statutes in 2016, adding complexity to the current “patchwork” system of...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more