News & Analysis as of

State Privacy Laws Privacy Laws Health Insurance Portability and Accountability Act (HIPAA)

Orrick, Herrington & Sutcliffe LLP

Navigating Privacy Gaps and New Legal Requirements for Companies Processing Genetic Data

Interest in genetic data is on the rise, driven by the growth of direct-to-consumer (DTC) genetic testing and its value for AI in drug development and personalized medicine. Historically, gaps in privacy laws have sometimes...more

Orrick, Herrington & Sutcliffe LLP

What’s the U.S. Legal Landscape for Health Data?

Thora Johnson and Alexandra Wood discuss: Key federal regulation including HIPAA The patchwork at the state level, including a growing number of state consumer health privacy laws...more

Clark Hill PLC

Right To Know - July 2025, Vol. 31

Clark Hill PLC on

Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed. State Action: Texas Limits Punitive Damage Liability For Data Security Breach...more

McDermott Will & Schulte

US healthcare offshoring: Navigating patient data privacy laws and regulations

Unlike other sectors, US healthcare businesses must reconcile cost-saving strategies with stringent compliance obligations, especially when patient data crosses national borders or is accessed overseas....more

Sheppard Mullin Richter & Hampton LLP

The State of Reproductive Healthcare Privacy

Since the Dobbs v. Jackson Women’s Health Organization decision (which overturned the landmark Roe v. Wade decision), the healthcare industry has continued to grapple with renewed concerns over patient privacy and...more

Stinson - Benefits Notes Blog

Federal Court Strikes Down HIPAA Reproductive Health Privacy Rule – What it Means for Health Plan Compliance

In a landmark decision, a federal district court in Texas struck down nearly all of the 2024 amendments to the HIPAA Privacy Rule, known as the Reproductive Health Privacy Rule (the “Rule”), ruling that the Department of...more

Clark Hill PLC

Beyond HIPAA: How state laws are reshaping health data compliance

Clark Hill PLC on

We are in an era where smartphones track sleep patterns, fitness apps monitor heart rates, and online searches reveal sensitive medical inquiries. As a result, the notion of “health data” has expanded dramatically. This...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

Jackson Lewis P.C.

States Move Forward with Privacy Protections to Close HIPAA Gaps for Health, Reproductive Health Info

Jackson Lewis P.C. on

When it comes to safeguarding health data, the Health Insurance Portability and Accountability Act (HIPAA) is paramount. HIPAA’s extensive reach encompasses nearly all healthcare providers and all health plans, affecting just...more

Clark Hill PLC

Right To Know - May 2025, Vol. 29

Clark Hill PLC on

Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed. State Action: Virginia Governor Signs Bill Restricting Minor’s Use of Social Media:...more

Cooley LLP

Montana on the Brain: A Bold Step for Neural Privacy

Cooley LLP on

Montana has now become the third state in the US, following Colorado and California, to enact a privacy law that specifically protects neural data – that is, data collected from activity of the central or peripheral nervous...more

Alston & Bird

To Delete or Not to Delete: Can 23andMe Really Sell Genetic Data Via Bankruptcy?

Alston & Bird on

On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people.  This has led to...more

Orrick, Herrington & Sutcliffe LLP

Kentucky enacts technical amendments to the Kentucky Consumer Data Protection Act

On March 15, Kentucky passed HB 473 (the “bill”), which amends the Kentucky Consumer Data Protection Act (the “Act”), whose passage was previously covered by InfoBytes and goes into effect on January 1, 2026. The bill creates...more

Proskauer on Privacy

My Health, My Dollar: Amazon’s Health Data Troubles in Washington

Proskauer on Privacy on

Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses...more

ArentFox Schiff

Implications of New Federal Immigration Policies for Health Care Facilities, Part 2: Patient Privacy Concerns

ArentFox Schiff on

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement...more

WilmerHale

State Comprehensive Privacy Law Update - March 2025

WilmerHale on

As the legislative season continues, some states, like Georgia and Oklahoma, have continued to progress in the efforts to establish a comprehensive data privacy law while others, such as Alabama, Illinois, and Massachusetts,...more

Alston & Bird

New York Passes Health Privacy Law – Your Questions Answered

Alston & Bird on

The New York State legislature passed the Health Information Privacy Act (“NYHIPA”) on January 22, 2025, marking the second state to introduce a comprehensive consumer health data law. If passed, the NYHIPA imposes more...more

Mintz - Privacy & Cybersecurity Viewpoints

Latest Installment of our Mintz Matrix!

Please visit here to visit our Mintz Matrix page with the latest edition of the Mintz Matrix, which is a 50-state resource we have maintained since 2009 to break down and summarize requirements of U.S. state data breach...more

Mintz - Health Care Viewpoints

Will New York Be Next to Regulate Specifically Personal Health Information to Further, and Possibly Re-Write, a New Paradigm of...

The New York legislature passed its version of Washington’s My Health My Data Act (“WA MHMDA”) on January 22, 2025. Currently awaiting action by Governor Kathy Hochul, the New York Health Information Privacy Act (“NY HIPA”)...more

Hogan Lovells

New York’s Health Information Privacy Act: what you need to know

Hogan Lovells on

If enacted, the New York Health Information Privacy Act (“NYHIPA”) will be the latest in a series of state privacy laws that regulate health data outside of the traditional health care context. It would follow the passage of...more

Orrick, Herrington & Sutcliffe LLP

First Lawsuit Filed Under Washington’s My Health My Data Act

On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...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

Fenwick & West LLP

CLE Takeaways: Top 10 Privacy & Cybersecurity Must-Knows for 2025

Fenwick & West LLP on

The legal landscapes for privacy and cybersecurity continue to evolve rapidly, presenting both challenges and opportunities for innovative companies. Indeed, 2024 was a busy year, with the enactment of a number of new federal...more

Goodwin

Navigating the Digital Health Frontier: Unpacking NYHIPA’s Far-Reaching Impact on Health Data Privacy

Goodwin on

On January 22, the New York State Legislature passed Senate Bill S929, titled the New York Health Information Privacy Act (NYHIPA), which is poised to redefine how businesses handle health and wellness-related data in and...more

Constangy, Brooks, Smith & Prophete, LLP

New Year, New Rules? New York’s Health Privacy Bill S-929 advances

Just in time for setting a new year’s resolution, the New York Senate passed health privacy bill S-929. This bill was first introduced during the 2024 legislative session but failed to pass. Now in the early weeks of 2025,...more

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