Category: Protected Health Information

FTC Issues Policy Statement Clarifying Data Privacy Obligations for Digital Health

PBA Cybersecurity and Data Privacy Federal Trade Commission, Health Breach Notification Rule, Protected Health Information September 22, 2021

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

PBA Cybersecurity and Data Privacy Data Breach, Data Privacy, Protected Health Information May 19, 2020

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

PBA Cybersecurity and Data Privacy American Bar Association, Data Privacy, Protected Health Information, Recent Cases June 28, 2019

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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