By Robb S. Harvey and Keith Randall on Posted in PrivacyMedical record custodians beware—rules promulgated by the federal Department of Health and Human Services (“HHS”) are placing increased focus on, and imposing increased penalties for, data intrusions and thefts related to medical records. Rules imposed under the 2009 Health Information Technology for Economic and Civil Health Act (“HITECH Act”) require entities qualifying as “covered entities” … Continue Reading
By Justin F. McNaughton on Posted in Privacy,TechnologyIn April 2012, the Social Security Administration began allowing recipients of social security to begin filing requests for medical records electronically (Form SSA-827). These requests are now making their way through to providers, who (rightfully so) are scratching their heads when a request for medical records arrives from “John Doe” signed “John Doe – signed … Continue Reading
By Justin F. McNaughton on Posted in Internet,PrivacyThe Children’s Online Privacy Protection Act (COPPA) is not new, but it seems that many new startups have either not given it much thought or don’t know about it. As a refresher, COPPA applies to you if: (i) you operate a website directed to children under the age of 13; or (ii) your website has … Continue Reading
By Heather J. Hubbard on Posted in Internet,Privacy,TechnologyThe Healthcare Information and Management System Society (“HIMSS”) recently released its “Analytics Report: Security of Patient Data,” the third installment of the report in the last six years. Despite increased confidence in security safeguards, healthcare providers reported more breaches than in past years. In 2008, only 13% of respondents reported a security breach. In 2012, … Continue Reading
By Amy M. Roland on Posted in PrivacyThe Stage 2 Meaningful Use requirements recently proposed by the Centers for Medicare & Medicaid Services (“CMS”) as part of the Medicare and Medicaid incentive programs to expand the use of Electronic Health Record (“EHRs”) maintain the same core and menu structure as the Stage 1 criteria. The proposed rule, however, gives providers an additional … Continue Reading
By Emily J. Zibart on Posted in Internet,Privacy,TechnologyYesterday, it was announced that the California Attorney General has reached an agreement with the “big six” of mobile app platforms (Amazon, Apple, Google, Hewlett-Packard, Microsoft and Research in Motion) providing that the companies will require mobile apps that collect personal information to have written privacy policies. In announcing the agreement, the AG’s office cited … Continue Reading
By Keith Randall on Posted in Internet,PrivacyNetflix made headlines this week when it asked the U.S. Congress to change the Video Privacy Protection Act of 1998 (VPPA) so that Netflix can offer a Facebook app to consumers in the United States. The app, introduced by Netflix outside the U.S. last year, gives Facebook users movie recommendations based on the viewing habits … Continue Reading
By Heather J. Hubbard on Posted in Internet,PrivacyAccording to The Wall Street Journal (article here) and The New York Times (article here), Facebook and the Federal Trade Commission are nearing a settlement related to privacy concerns that would require Facebook to obtain “express affirmative consent” before implementing “material retroactive changes” to user privacy settings, as well as submit to two decades of … Continue Reading
