Waller TIPS

Waller TIPS

Perspectives on Intellectual Property Issues

Category Archives: Privacy

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Data Breaches Involving Health Care Records Continue to Rise, Attracting Increasing Government Scrutiny and the Concern of General Counsels

Posted in Privacy
Medical 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

Requests for Release of Medical Records to the Social Security Administration

Posted in Privacy, Technology
In 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

Have You Recently Considered Whether Your Website Complies with the Children’s Online Privacy Protection Act?

Posted in Internet, Privacy
The 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

Healthcare Data Breaches on the Rise

Posted in Internet, Privacy, Technology
The 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

Spotlight on CMS’s Stage 2 Meaningful Use Requirements

Posted in Privacy
The 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

App Platforms to Require Privacy Policies

Posted in Internet, Privacy, Technology
Yesterday, 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

The Trials and Tribulations of Navigating Federal Privacy Law in the Internet Age

Posted in Internet, Privacy
Netflix 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

FTC/Facebook Settlement Reportedly Imminent

Posted in Internet, Privacy
According 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