HHS Publishes Roadmap of New Strategy for Cybersecurity in the Healthcare Sector
Proskauer Privacy Law
by Ryan P. Blaney, Michael Menconi and Matthew J. Westbrook
3M ago
The U.S. Department of Health and Human Services (HHS) recently issued a strategy paper highlighting key aspects of its plan to revamp cybersecurity requirements in the healthcare industry. Citing a 93% increase in large data breaches in healthcare from 2018 to 2022 and a rapid increase in ransomware attacks against U.S. hospitals, HHS issued the strategy as part of a broad effort to implement the Biden Administration’s National Cybersecurity Strategy. As a part of its strategy, HHS is focusing on four primary goals. Read the full post on Proskauer’s Health Care Law Brief blog ..read more
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OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA Liability
Proskauer Privacy Law
by Ryan P. Blaney and Jonian Rafti
8M ago
On June 27, 2023, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) released its final rule (“Final Rule”) implementing penalties for information blocking. The Final Rule codifies the prohibition on “information blocking” introduced by the 21st Century Cures Act (“Act”), which was enacted on December 13, 2016. In the Act, “information blocking” was defined as any activity that, in part, is “likely to interfere with, prevent, or materially discourage access, exchange, or use” of electronic health information (“EHI”).[1] The Final ..read more
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Consumer Data Privacy Laws: What’s Happened and What Comes Next
Proskauer Privacy Law
by Michael Guggenheim
8M ago
Increasing oversight of tech companies, particularly in the realm of consumer privacy, has been a rare example of bipartisan agreement. Despite data privacy being a growing concern for consumers, however, there has been relatively little federal policymaking. To counteract this lack of action, some states have stepped in to fill this void—and have enacted policies that could have large impacts on how businesses operate. The rapid rate at which these laws are being enacted – eleven have been enacted– indicates states are taking an increasingly protective view of consumers’ d ..read more
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FTC and OCR Unite to Safeguard Hospital and Telehealth Data from Online Tracking Threats
Proskauer Privacy Law
by Ryan P. Blaney and Matthew J. Westbrook
8M ago
On July 20, 2023, the Federal Trade Commission (“FTC”) and the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”) announced that they had sent a warning letter to about 130 hospital systems and telehealth providers, alerting them about the risks and concerns of using online tracking technologies, such as the Meta/Facebook pixel and Google Analytics, which can track users’ online activities. In the letter, the FTC and OCR reiterated the risks posed by the unauthorized disclosure of an individuals’ personal health information—such as health conditions, d ..read more
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SEC Revisits Regulation S-P After Twenty Years of Innovation to Information Technology
Proskauer Privacy Law
by Ryan P. Blaney, Nolan Goldberg, Robert E. Plaze, Robert Pommer, Robert Sutton and Mark S. Audet
1y ago
On March 15, 2023, the U.S. Securities and Exchange Commission (“SEC”) released its proposal to amend Regulation S-P: Privacy of Consumer Financial Information and Safeguarding Customer Information (the “Proposed Amendments”), while simultaneously issuing two additional cybersecurity-related rule proposals and re-opening the comment period for its previously proposed cybersecurity risk management rule released in February 2022. This set of sweeping reforms makes it clear, if not already, that the SEC is serious about implementing comprehensive cybersecurity and privacy standards across its reg ..read more
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2022 Trends in Privacy and Data Security Law
Proskauer Privacy Law
by Jeffrey Neuburger and Jonathan Mollod
1y ago
As the National Security Agency (NSA) noted in its 2022 cybersecurity yearly review, “[c]yberspace is dangerous.” Reports of sophisticated cyberattacks and ransomware threats were prevalent in the past year. The government, manufacturers, and others further developed standards for securing digital infrastructure like 5G, cloud services, cryptography, internet protocols, and internet of things (IoT) devices. In addition to keeping up with data security regulatory developments, in the absence of comprehensive federal data protection regulation, businesses face an increasing array of state privac ..read more
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FTC’s One-Two Punch on Data Tracking and Health Privacy
Proskauer Privacy Law
by Ryan P. Blaney and Jonathan Mollod
1y ago
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 shared  consumers’ sensitive health data combined with other personal information (PI) with third party advertising platforms without first obtaining affirmative consent and allegedly contrary to certain privacy representations. The proposed order requires the company to pay $7.8 million in partial refunds to BetterHelp customers. This is the first time that the FTC h ..read more
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Shining a Light on the Corporate Transparency Act: FinCEN’s Rules for Beneficial Ownership Reporting
Proskauer Privacy Law
by Andrew Bettwy, Ryan P. Blaney, Stephanie Heilborn, Jeffrey A. Horwitz, Seetha Ramachandran, Yuval Tal, Elanit Snow, Amy Gordon and Portia Proctor
1y ago
On January 1, 2021, Congress enacted the Corporate Transparency Act as part of the Anti-Money Laundering Act of 2020 to “better enable critical national security, intelligence, and law enforcement efforts to counter money laundering, the financing of terrorism, and other illicit activity.” FinCEN issued the final rule on Beneficial Ownership Information Reporting Requirements on September 29, 2022 requiring a range of entities, primarily smaller, otherwise unregulated companies, to file a report with FinCEN identifying the entities’ beneficial owners—the persons who ultimately own or control t ..read more
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Standing to Sue: Is Theft of Drivers’ License Numbers Sufficient to Allege Imminent Threat of Future Harm?
Proskauer Privacy Law
by Ryan P. Blaney, Margaret A. Dale, Nolan Goldberg and Amy Gordon
1y ago
Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud because their personal information, specifically their driver’s license numbers, may have been compromised in a data breach.  In doing so, the court determined that driver’s license numbers “are not as sensitive as social security numbers,” and that they don’t rise to the level of sensitive personal information “needed to establish a credible and imminent threat of f ..read more
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Travelling outside the EU: French Data Protection Authority Publishes a Checklist to Secure Phones and Laptops
Proskauer Privacy Law
by Mathilde Pépin
1y ago
Amid fresh fears about data protection, on November 14th, France’s data protection authority, the Commission Nationale de l’Informatique et des Libertes (CNIL) published a checklist of recommended actions travellers should take to secure phones, computers and tablets when travelling outside the European Union. Read the full article on International Employment Lawyer ..read more
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