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|HHS Official Reports Uptick in HIPAA Security Rule Enforcement|
Hunton Williams LLP;
May 21, 2010, previously published on May 14, 2010David Holtzman, a health information privacy specialist at the Office for Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”), stated at a health privacy conference on May 11, 2010, that OCR has been “vigorously” enforcing the Security...
|Red Flags Rule Scheduled to Take Effect June 1, 2010|
David N. Anthony; Troutman Sanders LLP;
May 21, 2010, previously published on May 17, 2010After four extensions in its enforcement date, the Red Flags Rule (the “Rule”) is scheduled to take effect on June 1, 2010 for creditors and other financial institutions subject to enforcement by the Federal Trade Commission. The most recent extension occurred on October 30, 2009, when...
|Is Your Company Complying with the "Red Flags" Rule?|
D. Brock Denton, Jonathan M. Hiltz, Julie T. Muething; Keating Muething & Klekamp PLL;
May 20, 2010, previously published on May 12, 2010Every year identity theft costs businesses millions of dollars. As you may be aware, the recently adopted Red Flags Rule requires a broad range of businesses and organizations to implement written Identity Theft Prevention Programs designed to detect warning signs — or “red...
|Boucher, Stearns Release Draft Privacy Bill|
Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
May 19, 2010, previously published on May 14, 2010Rep. Rick Boucher (D-Va.), the chairman of the House Energy and Commerce Subcommittee on Communications, Technology and the Internet, and Subcommittee Ranking Member Cliff Stearns (R-Fl.), released a discussion draft of a long-awaited privacy bill on May 4. The goal of the as-yet-untitled...
|Uncertainty Reigns Supreme: What Impact Will a Coalition Government Have on Data Protection Law in the UK?|
Hunton Williams LLP;
May 18, 2010, previously published on May 13, 2010Following the first “hung parliament” since 1974, the UK is facing considerable legislative reform under the newly formed Conservative - Liberal Democrat coalition government. Although the parties appear to have differing opinions on a number of legislative issues, one issue that...
|Everybody Likes Free Stuff: Draft Privacy Legislation Seeks To Enhance Consumer Protections Without Disrupting Ad-Supported Internet Business Model|
Robert D. Forbes; Proskauer Rose LLP;
May 17, 2010, previously published on May 11, 2010A draft Congressional bill released Tuesday, May 3 would enhance consumer privacy protections both online and offline and establish a national framework for the collection, use and security of consumer information, superseding state law requirements regarding the collection, use and disclosure of...
|Recent Developments Concerning HITECH Act EHR Rules|
Joseph E. Lynch, Kim H. Roeder; King & Spalding LLP;
May 13, 2010, previously published on May 10, 2010HHS announced in its recent Semiannual Regulatory Agenda that by the end of May 2010, the Office of the National Coordinator for Health Information Technology (the ONC) will issue its response to public comments concerning the January 13, 2010 Interim Final Rule on EHR standards, implementation...
|Federal Agencies Seek Comment on New Cybersecurity Certification Program for Broadband Providers and Other Security and Privacy Issues|
Sonnenschein Nath & Rosenthal LLP;
May 13, 2010, previously published on May 6, 2010A pair of recent Notices of Inquiry from the Federal Communications Commission (FCC) and the National Telecommunications and Information Administration (NTIA) demonstrate the increasing attention being paid by the federal government to information security and privacy. In the FCC Notice of...
|U.S. Courts Order Discovery Despite Foreign Privacy Laws|
David E. Bell, Jeane A. Thomas; Crowell & Moring LLP;
May 13, 2010, previously published on May 11, 2010Two recent opinions by federal district courts in New York highlight the ongoing tension between U.S. discovery rules and foreign "blocking statutes" and privacy laws. These two cases continue a trend of U.S. courts ordering parties to produce discovery materials located outside the U.S....
|California Amends Data Breach Notification Law|
Edwards Angell Palmer & Dodge LLP;
May 12, 2010, previously published on May 7, 2010The California State Senate approved Senate Bill 1166 on April 15, 2010. The bill amends sections 1798.29 and 1798.82 of the California Civil Code, which require state agencies and businesses to notify California residents of a data breach, by adding specific content requirements for such notices.