What’s trending on NP Privacy Partner

June 02, 2017

NP Privacy Partner

Author(s): Valerie Breslin Montague, Steven M. Richard

OCR sends clear HIPAA compliance message, Medicare will remove SSN’s from beneficiary cards, court rules that forensic report is privileged, FERPA overrides public records law, Washington enacts biometrics law, and GAO report on IoT highlights cybersecurity. Here’s what’s trending in data privacy and cybersecurity.

Health Care and HIPAA

PHI disclosure to the media results in $2.4 million HIPAA settlement

OCR continues to send a clear message that the failure of an entity’s senior management to comply with HIPAA may result in significant penalties.—Valerie Breslin Montague

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Medicare will remove SSN’s from beneficiary cards

Medicare recipients will receive new cards replacing their social security numbers with randomly generated unique identifiers.—Steven M. Richard

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Recent OCR settlements emphasize vendor management and mobile device security

The U.S. Department of Health and Human Services Office for Civil Rights concluded the month of April by announcing two settlements: the first involving The Center for Children's Digestive Health and the second with CardioNet, an ambulatory cardiac monitoring service.—Valerie Breslin Montague

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Privacy Litigation & Class Action

California court rules that a forensic consultant’s report is not subject to production in data breach class action

When responding to a data breach, careful attention should be given to the fullest protection of privileges to be asserted in litigation.—Steven M. Richard

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North Carolina court rules that FERPA overrides public records law in protecting student sexual misconduct disciplinary records from disclosure

Conflicting provisions and policies arise in public records requests seeking FERPA protected student records.—Steven M. Richard

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State of Washington enacts biometric data privacy law

Washington becomes the third state to enact a biometric data privacy law, with other states likely to do the same.—Steven M. Richard

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GAO report on Internet of Things (IoT) highlights information security, privacy and safety concerns

The United States Governmental Accounting Office (GAO) and the Center for Science, Technology, and Engineering issued a report earlier this month on the “Internal of Things” (IoT) and a technological assessment of emerging IoT technologies.—JoAnna R. Nicholson and Allyson M. Beach

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