From the why-am-I-not-surprised dept: At the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the “Red Flags” Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC. The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the…
Category: Federal
Coalition for Patient Privacy Calls on HHS to Repeal the Breach Notification Rule
The Coalition for Patient Privacy urges the Department of Health and Human Services to revise and repeal the interim final rule (IFR) establishing requirements for notification of breaches of unsecured protected health information. “We are dismayed and disappointed with the IFR, particularly with the inclusion of a ‘harm standard’. HHS went far beyond the intent…
House bill excludes some businesses from Red Flag Rules
The House of Representatives passed H.R. 3763, a bill that amends the Fair Credit Reporting Act to provide for an exclusion from Red Flag Guidelines for certain businesses. As passed by the House, the following would not be considered “creditors” under the new Red Flag Rules: a health care practice with 20 or fewer employees…
Consumer Watchdog Asks HHS to Repeal Rule Allowing Health Care Providers to Decide When Notification of Breached Electronic Medical Records is Necessary
Consumer Watchdog today called on the Health and Human Services Department to repeal a rule that allows health care providers and insurers to decide whether consumers must be notified when the security of their electronic confidential health information has been breached. In a letter to HHS Secretary Kathleen Sebelius the nonprofit, nonpartisan consumer advocacy group…
IE: Data breach consultation paper now out
TJ McIntyre writes on IT Law in Ireland: The Data Protection Review Group has now published a consultation paper (pdf) on reforming Irish law on notification of data breaches. Pages 33-38 on possible regulatory options are particularly useful, though the group is clearly hampered by the fact that any national reforms might soon be out…
Lawmakers: lower bar for health IT data breach notification
Roy Mark reports: Two key chairmen of U.S. House committees Oct. 1 urged HHS (Health and Human Services) Secretary Kathleen Sebelius to revise or appeal the agency’s controversial “harm standard” that would trigger a personal health record data breach notification. Under the current rules, companies that secure health information using encryption or destruction, no breach…