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Privacy Laws Data Collection Healthcare

Sheppard Mullin Richter & Hampton LLP

“Listen Up” if Your AI Policy Does Not Cover AI Recording Issues – Another Class Action Lawsuit Filed Over Third Party AI...

The use of AI recording tools has become prevalent. Companies’ policies addressing the legal issues with these tools is not yet as prevalent. If your company’s AI policy does not address these issues, it needs to be updated....more

Baker Botts L.L.P.

Healthcare Data Case Against Google May Proceed - Rules U.S. District Court

Baker Botts L.L.P. on

On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more

Perkins Coie

Don’t Mind If I Do: Montana Says Hands Off Neural Data

Perkins Coie on

In May 2025, Montana enacted Senate Bill 163 (SB 163), amending that state’s Genetic Information Privacy Act (MGIPA) to include protections for neurotechnology data—namely, data collected from the activity of the central or...more

Sheppard Mullin Richter & Hampton LLP

Montana Amends Law to Cover Collection and Use of Neural Data

Montana recently revised its Genetic Information Privacy Act to address neural data. The law went into effect in 2023, and applies to both entities that offer genetic testing services as well as entities that use genetic...more

Epstein Becker & Green

New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

Epstein Becker & Green on

New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)....more

Ropes & Gray LLP

New York's Health Information Privacy Act Aims to Strictly Regulate Consumer Health Data

Ropes & Gray LLP on

On January 22, 2025, the New York State Assembly and Senate rapidly passed the wide-ranging New York Health Information Privacy Act (“NY HIPA”). If not vetoed by Governor Kathy Hochul, NY HIPA would be the fourth enacted...more

Foley Hoag LLP - Security, Privacy and the...

Meta’s New Advertising Rules: Key Considerations for Health and Wellness Businesses

Advertising on social media platforms such as Facebook and Instagram is a common marketing strategy for many businesses. Government agencies and consumer advocates have increasingly scrutinized this practice to determine if...more

Kohrman Jackson & Krantz LLP

What Can We Learn from California’s New AI Laws?

As a leading technology hub, it is no shock that California is at the forefront of technology regulation, including regulation of Artificial Intelligence (AI). In the past year, California lawmakers have introduced numerous...more

Sheppard Mullin Richter & Hampton LLP

California Joins Colorado in the Brain Wave Action

California’s governor has signed an amendment to CCPA, the state’s well-known privacy law. While California was the first to pass a “comprehensive” privacy law, it is the second -with this new amendment- to include “neural...more

ArentFox Schiff

OCR Finalizes HIPAA Privacy Rule to Support Reproductive Health Care Privacy

ArentFox Schiff on

On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...more

Bass, Berry & Sims PLC

Don’t Roll the Dice on Health Data Compliance: Nevada’s Consumer Health Data Law Takes Effect on March 31, 2024

Bass, Berry & Sims PLC on

As of March 31, 2024, Nevada’s state consumer health data law, Senate Bill No. 370 (SB 370), enters the state-level consumer health data privacy fray. Similar to Washington’s My Health My Data Act (MHMDA), SB 370 focuses on...more

Bass, Berry & Sims PLC

Closing the Privacy Gap: Understanding the Nuances and Heightened Risk of Washington’s My Health My Data Act

Washington’s My Health My Data Act (MHMDA) was enacted in an effort to close a perceived gap in privacy protection for consumer health data. MHMDA’s focus on consumer health data and right of private action deviate from...more

Bass, Berry & Sims PLC

2024’s New Data Privacy Requirements

Bass, Berry & Sims PLC on

State-level privacy laws in the United States continue to develop at a dizzying pace and it is understandably difficult to keep track of what takes effect when. Below we’ve outlined the statutes and regulations taking effect...more

Troutman Pepper Locke

Illinois Supreme Court Rules That Health Care Worker Finger Scans Are Exempt From BIPA

Troutman Pepper Locke on

On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more

McDermott Will & Schulte

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Hogan Lovells

U.S. Senator requests information on ways to improve privacy protections of health data

Hogan Lovells on

Adding to the growing trend of policymakers interested in regulating health and wellness data, last week U.S. Senator Bill Cassidy requested stakeholder feedback to help identify solutions to modernize HIPAA and ensure all...more

Sheppard Mullin Richter & Hampton LLP

Regulators Send Warning Letter to Hospitals and Telehealth Providers About Tracking Technology Use

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...more

Quarles & Brady LLP

Diving into the Washington My Health My Data Act - Part Eight: Individual Rights

Quarles & Brady LLP on

This is Part Eight in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the...more

Woods Rogers

My Health, My Data Act: Washington State’s New Health Data Privacy Law Has a Nationwide Reach

Woods Rogers on

Washington state’s My Health, My Data Act (the Act), signed into law in April 2023, is a broad health data privacy law designed to protect consumer health data that falls outside the scope of HIPAA, such as health-related...more

Wilson Sonsini Goodrich & Rosati

FTC Announces Proposed Settlement with Premom Fertility Tracking App for Privacy Practices

On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order) with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom)....more

J.S. Held

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

J.S. Held on

Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

Proskauer on Privacy

FTC’s One-Two Punch on Data Tracking and Health Privacy

Proskauer on Privacy on

On March 2, 2023, the Federal Trade Commission (FTC) announced that it had reached a $7.8 million settlement with mental health and online counseling platform, BetterHelp, Inc. (“BetterHelp”). The FTC alleged that BetterHelp...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 2, February 2023

Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases - “The case involves Ohio-based fast-food company White Castle.” Why this is important: Illinois has the strictest biometric privacy law in the...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 24, 2022

North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid - “Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more

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