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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Donald DePass

Posts by Donald DePass
Posted in Consumer Privacy

FTC Schools “Smart” Toys with Updated COPPA Compliance Guidance

The Federal Trade Commission released an updated guidance document for complying with the Children’s Online Privacy Protection Act. The revised guidance, released on June 21, 2017, explicitly identifies connected toys and other Internet of Things devices as being covered under COPPA and adds clarity to web operators’ responsibility for the activities of third parties, such as ad networks and plug-ins, that collect personal information protected under COPPA. It also includes recently approved methods for obtaining verifiable parental consent.

Posted in Health Privacy/HIPAA

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone sensors, the New York Attorney General settled claims against three developers alleged to have engaged in “misleading” marketing claims and “irresponsible” privacy practices. Mobile health apps Cardiio and Runtastic claimed that their apps effectively and accurately measured heart rate after vigorous exercise using only a smartphone camera and sensors. The third, Matis, claimed that its app transformed a smartphone into a fetal heart monitor. Concerned that unregulated apps claiming to measure key vital signs and other health indicators may harm consumers if the apps provide inaccurate or misleading results, NY AG Eric Schneiderman brought enforcement actions against the trio of developers.

Posted in Health Privacy/HIPAA

New HHS Guidance Makes Clear HIPAA Applies in the Cloud

Cloud service providers are on notice: you are HIPAA business associates, even if you are unable to access the HIPAA protected information in your cloud. The Department of Health and Human Services Office for Civil Rights released guidance making clear that cloud service providers that create, receive, maintain, or transmit electronic protected health information are covered by HIPAA.

Posted in Health Privacy/HIPAA

ONC Report Identifies Gaps in Data Protection for Health, Wellness, and Fitness Data

A new report from the Department of Health and Human Services Office of the National Coordinator for Health Information Technology highlights data protection gaps in the U.S. for health data from wearable devices, social media, and emerging technologies. The report, “Examining Oversight of the Privacy & Security of Health Data Collected by Entities Not Regulated by HIPAA,” identifies several areas in which privacy and security protections for health data have lagged behind technological developments that are expanding the collection of health data outside the traditional venues for health care.

Posted in Cybersecurity & Data Breaches, Health Privacy/HIPAA

OCR Highlights Priorities as it Steps Up HIPAA Enforcement

Last week, the Department of Health and Human Services Office for Civil Rights launched the long-awaited Phase 2 HIPAA Audit Program. Earlier this month, the agency posted two resolution agreements that continue the trend toward big dollar settlement amounts and a focus on security risk assessments and business associate agreements. With Phase 2 HIPAA Audits underway and more full-scale compliance reviews triggered by data breach reports, it is more important than ever to appropriately protect health information.

Posted in Health Privacy/HIPAA

Precision Medicine Initiative Moves Forward with new Guidelines and Funding Opportunities

The White House released the Precision Medicine Initiative Privacy and Trust Principles, aimed at building patient trust and protecting patient privacy for precision medicine-related activities last month, as the National Institutes of Health announced the availability of $72 million in PMI-related funding opportunities for fiscal year 2016. A Security Policy Framework that will help ensure that security is built into the foundation of the PMI is in development.

Posted in Health Privacy/HIPAA

HHS Office of Inspector General Calls On OCR for Increased HIPAA Oversight

The HHS Office for Civil Rights needs to improve and expand its health privacy and data breach enforcement efforts. This was the message delivered by the September 29 release of twin reports by the U.S. Department of Health and Human Services Office of Inspector General that assessed OCR’s enforcement of federal health privacy laws. The studies were commissioned out of concern that the failure to adequately safeguard health information can expose large numbers of patients “to privacy invasion, fraud, identity theft, and/or other harm.” The enforcement of the HIPAA privacy laws in the U.S. are viewed as critical to ensuring that vulnerabilities that can lead to data breaches and potential harm to patients are addressed.

Posted in Health Privacy/HIPAA

Health IT Regulator Updates Guidance on Privacy and Security

In an effort to help members of the health IT community better understand the federal laws relating to interoperability, the Office of the National Coordinator for Health Information Technology, part of the Department of Health and Human Services, has published a revised Guide to Privacy and Security of Electronic Health Information. Originally published in 2011, the updated document includes new insights about privacy- and security-related issues that will help providers, health IT professionals, vendors, and the public at large understand the different potentially applicable federal laws and incentive programs and how they fit together

Posted in Cybersecurity & Data Breaches

NIST Issues Update on Cybersecurity Framework, Highlights Priorities Moving Forward

On December 5, the National Institute of Standards and Technology issued an update regarding its Framework for Improving Critical Infrastructure Cybersecurity. Since its release in February 2014, the Framework has become an important benchmark for corporate cybersecurity programs. NIST’s update addresses industry input received from an October workshop and an August Request for Information. It also describes NIST’s plans to support future use of the Framework.