Healthcare

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

NOW AVAILABLE: Lexis Practical Guidance Releases CPW Team Member David Oberly’s “Mitigating Legal Risks When Using Biometric Technologies” Biometric

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Connecticut General Assembly Passes Comprehensive Privacy Bill

Federal Trade Commission Proposes Adjustments to Telemarketing Sales Rule, Including B2b Telemarketing

Earlier this month, the Food and Drug Administration (“FDA”) issued Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions. This draft guidance document, which replaces the prior 2018 draft guidance, is “intended to further emphasize the importance of ensuring that devices are designed securely, are designed to be capable of mitigating

CPW is pleased to announce that today David Oberly joins Squire Patton Boggs (US) LLP’s globally-recognized Data Privacy, Cybersecurity & Digital Assets Practice from Blank Rome, where he played an instrumental role in launching the firm’s Biometric Privacy Practice.  As a recognized thought leader in the biometric privacy space, David serves as a go-to expert

The FTC’s recent policy statement on the Health Breach Notification Rule (the “Rule”) substantially impacts the consumer-facing digital health industry by significantly expanding (a) the scope of entities subject to the Rule and (b) data practices that constitute a breach. Under the new guidance, any entity that collects health data from both a connected device and the consumer (excluding entities already subject to HIPAA) will be treated as a “vendor of Personal Health Records” (“PHR Vendor”) subject to the Rule. Moreover, PHR Vendors that share such information without the individual’s authorization will trigger the Rule’s breach notification requirements.
Continue Reading FTC Policy Statement Substantially Expands Scope of Personal Health Record Vendor Rules

In re Mednax Services, MDL No. 2994, is an MDL (multidistrict litigation) pending in the Southern District of Florida, currently in its early stages.  2021 U.S. Dist. LEXIS 195342, *8-9 (S.D. Fla. Oct. 9, 2021).  In a striking move late last week, a federal court ordered a stay of the proceedings pending resolution of

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

Cothron v. White Castle: A Closer Look at One of the Most Important Data Privacy Litigations of 2021 | Consumer Privacy World

In June, we discussed a putative class action filed in the Eastern District of Pennsylvania concerning a data breach involving COVID-contact tracing data.  Following the Plaintiff’s filing of an amended complaint, the remaining Defendant has now moved to dismiss on both standing and substantive grounds.  Read on below.

To recap the alleged facts underlying this

Join Elliot Golding, a data privacy partner at SPB along with Joanne Charles (Microsoft) and Trinity Car (eHealth) for a must-attend webinar sponsored by the ABA next Thursday, September 9, at 1 pm EST.

In this era of digital health, the panelists will look “beyond HIPAA” and highlight other federal and state laws governing

Last month, a putative class action lawsuit was filed in federal court concerning a data breach resulting from the alleged improper disclosure of COVID-contact tracing data.  Read on to learn more, and how this case fits more broadly into a trend of data breaches involving the healthcare industry.  Chapman v. Commonwealth of Pennsylvania, et al.