Posts tagged HIPAA

Cloud, contracting, cyber insurance, GLB, HIPAA, indemnification, notification, privacy, risk, SB 1386, security breach

Cyber Insurance: An Efficient Way to Manage Security and Privacy Risk in the Cloud?

By InfoLawGroup LLP on February 01, 2012

As organizations of all stripes increasingly rely on cloud computing services to conduct their business, the need to balance the benefits and risks of cloud computing is more important than ever. This is especially true when it comes to data security and privacy risks. However, most Cloud customers find it very difficult to secure favorable contract terms when it comes to data security and privacy. While customers may enjoy some short term cost-benefits by going into the Cloud, they may be retaining more risk then they want (especially where Cloud providers refuse to accept that risk contractually). In short, the players in this industry are at an impasse. Cyber insurance may be a solution to help solve the problem.

Boris Segalis, FCRA, Federal Trade Commission, fines and penalties, FINRA, FTC, FTC consent, FTC Federal Trade Commission HIPAA HITECH FCRA GLB InfoLawGroup Information L..., GLB, HHS, HIPAA, InfoLawGroup, information law group, privacy enforcement, privacy rule, Section 5

February Brings a Privacy Enforcement Storm: HHS, FTC and FINRA Act

By InfoLawGroup LLP on February 22, 2011

This month, federal agencies and FINRA have announced significant privacy enforcement actions that have resulted in millions of dollars in fines. The U.S. Department of Health and Human Services (HHS) imposed a $4.3M fine on a health plan for violations of the HIPAA Privacy Rule; the Federal Trade Commission (FTC) settled with several resellers of consumer reports allegations that the resellers failed to adequately safeguard consumer information; and FINRA imposed a $600K fine on two securities firms for failure to safeguard access to customer records. Here are the details:

baa, business associate, enforcement rule, fundraising, HHS, HIPAA, marketing, modifications, notice of privacy practices, npp, NPRM, privacy rule, protected health information, research, restrictions, sale, security rule, subcontractors

FAQ on the Proposed Modifications to the HIPAA Rules: Part Two

By InfoLawGroup LLP on July 15, 2010

This post is Part Two of my FAQ on the proposed modifications to the HIPAA Rules issued by HHS last week. Part Two focuses on the proposed modifications to the Privacy Rule.

baa, business associate, enforcement rule, HHS, HIPAA, modifications, NPRM, privacy rule, protected health information, security rule, subcontractors

FAQ on the Proposed Modifications to the HIPAA Rules: Part One

By InfoLawGroup LLP on July 12, 2010

As reported last week, on Thursday the Department of Health and Human Services ("HHS") issued its long-anticipated Notice of Proposed Rulemaking ("NPRM") on Modifications to the Health Insurance Portability and Accountability Act ("HIPAA") Privacy, Security, and Enforcement Rules under the Health Information Technology for Economic and Clinical Health Act (the "HITECH" Act). For those of us who subscribe to numerous technology and law listservs, this meant emailboxes flooded with opinions, criticism, speculation, and flat-out fear mongering. We thought people might like to know what the proposed modifications actually say, and what they mean. So, this post provides Part One of a FAQ on the 234 page NPRM. This post, Part One, addresses general issues (including significant changes involving subcontractors) and proposed modifications to the HIPAA Security and Enforcement Rules. Part Two, later this week, will address the proposed modifications to the HIPAA Privacy Rule.

201 CMR 17-00, AES, anonymity, behavioral advertising, breach notification, California, cloud computing, contracts, DPA, Eavesdropping, encryption, EU Data Protection Directive, GLBA, HIPAA, HITECH, IAPP, Kearney, Massachusetts, personally identifiable information, pii, RFID, social networking, spam, SSN, TCPA, telemarketing, text messages, UK ICO, VPPA

Celebrating Data Privacy from A to Z

By InfoLawGroup LLP on January 28, 2010

In honor of Data Privacy Day and its spirit of education, I thought it might be appropriate (and fun) to celebrate some (but certainly not all) of the A, B, Cs of Data Privacy. Would love to see your contributions, too!

business associate, covered entity, delay, exceptions, financial, reputational, or other harm, HIPAA, HITECH HIPAA breach notification covered entity business associate significan..., law enforcement, or other harm exceptions law enforcement delay risk assessment, reputational, risk assessment, significant risk

The New Health Care Breach Notification Landscape -- HHS Rules

By InfoLawGroup LLP on October 05, 2009

On February 17, 2009, Congress signed into law the Health Information Technology for Economic and Clinical Health or "HITECH" Act ("HITECH" or the "Act") as part of the American Recovery and Reinvestment Act. The HITECH Act requires entities covered by the Health Insurance Portability and Accountability Act ("HIPAA") to provide notification to affected individuals and to the Secretary of Health and Human Services ("HHS") following the discovery of a breach of unsecured protected health information. HITECH also requires business associates of HIPAA-covered entities to notify the covered entity in the event of the breach. The Act required HHS to issue interim final regulations with respect to the new breach notification requirements. On August 24, 2009, the HHS interim final regulations were published in the Federal Register.

Binding Corporate Rules, breach notification, EU Data Protection Directive, Gramm-Leach-Bliley, HIPAA, model contracts, privacy, Safe Harbor

Legal Implications of Cloud Computing -- Part Two (Privacy and the Cloud)

By InfoLawGroup LLP on September 30, 2009

Last month we posted some basics on cloud computing designed to provide some context and identify the legal issues. What is the cloud? Why is everyone in the tech community talking about it? Why do we as lawyers even care? Dave provided a few things for our readers to think about -- privacy, security, e-discovery. Now let's dig a little deeper. I am going to start with privacy and cross-border data transfers. Is there privacy in the cloud? What are the privacy laws to keep in mind? What are an organization's compliance obligations? As with so many issues in the privacy space, the answer begins with one key principle -- location, location, location.