A snippet from the Executive Summary of a new report written by Robert Gellman and Pam Dixon: This report offers an analysis of existing laws and practices regarding both types of HIPAA COVID-19 waivers. The report recommends that, when the current emergency subsides, the Secretary of HHS review in a systematic way the privacy, security,…
Category: Federal
HIPAA Covered Entities and Business Associates Need an IT Asset Inventory List, OCR Recommends
Joseph J. Lazzarotti and Maya Atrakchi of JacksonLewis write: Last week, in its Cybersecurity Summer Newsletter, the Office of Civil Rights (OCR) published best practices for creating an IT asset inventory list to assist healthcare providers and business associates in understanding where electronic protected health information (ePHI) is located within their organization, and improve HIPAA Security Rule compliance. OCR investigations often…
Ad Industry Opposes FTC’s Proposed Security Regulations For Financial Institutions
Wendy Davis reports: The Federal Trade Commission’s proposed changes to security regulations for financial institutions could also affect a broad swath of non-financial companies — including ad agencies, social networks, lead generators and ad-tech companies — according to the Association of National Advertisers. The organization is urging the FTC to refrain from imposing a slate…
Germany Prepares New Law for Patient Data Protection and Increased Digitalisation in Healthcare and for “Data Donations” for Research Purposes
Dr. Adem Koyuncu and Valerie Mei of Covington & Burling write: On 3 July 2020, the German parliament passed a draft bill (German language) for patient data protection and for more digitalisation in the German healthcare system (Patientendaten-Schutz-Gesetz). The draft bill is currently in the legislative procedure and is expected to enter into force in…
Explained: What China security law means for Hong Kong and the global Internet
Karishma Mehrotra reports: Days after China passed a national security law giving it wide-ranging powers over Hong Kong, major technology companies have suspended their responses to Hong Kong government requests, saying they will first reassess the law’s new controls. Much of Hong Kong’s future identity and the global Internet hinges on what the technology companies…
Extraterritorial Application of the Computer Fraud and Abuse Act
William K. Kane and Melissa M. Mikhail of SheppardMullin write: A brazen and sophisticated computer intrusion into the records of over 145 million Americans launched from computer hackers based in China led to recent criminal prosecutions under the Computer Fraud and Abuse Act. [1] Courts are willing to extend American law beyond U.S. boundaries often when criminal…