Category: Protected Health Information

FTC Issues Policy Statement Clarifying Data Privacy Obligations for Digital Health  

By Jennifer K. Wagner   On September 15, the Federal Trade Commission (FTC) issued a Policy Statement “On Breaches by Health Apps and Other Connected Devices,” the most recent step taken by the FTC to signal its interest in preventing abusive data practices and ensuring relevant consumer protections for digital health. This step came about
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FTC Undertakes 10-Year Review of Health Breach Notification Rule, Seeks Public Comments

By Jennifer K. Wagner, J.D., Ph.D.   On April 15, 2020, the Federal Trade Commission (FTC) published a notice of its intent to conduct a 10-year review of the Health Breach Notification Rule (HBN Rule) (85 FR 20889) and announced on May 8, 2020 that it would be requesting public comment. The comment period will
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A Warning to Law Firms and Litigants: Unlawful Disclosure of PHI in Litigation Can Lead to Trouble

By Joshua Mooney, White and Williams LLP   The handling of sensitive data with appropriate care in litigation is a critical aspect of legal practice. Recent ABA Formal Opinions 477 and 483 discuss requirements for securing protected client information and lawyers’ obligations after a cyberattack. Conduct during litigation is no different. Unless stated otherwise by
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