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…
Category: Legislation
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…
Knowing or reckless misuse of personal data – introducing custodial sentences
From the UK Ministry of Justice: Reference Number : CP22/09 Status: Open Open date: 15 October 2009 Close date: 07 January 2010 A consultation on exercising the power to provide for custodial sanctions for those found guilty of knowingly or recklessly obtaining, disclosing, selling or procuring the disclosure of personal data without the consent of…
Schwarzenegger vetoes Simitian’s privacy protection bill
Governor Schwarzenegger vetoed State Senator Joe Simitian’s (D-Palo Alto) Senate Bill 20. The bill would have strengthened and updated California’s landmark privacy protection law that requires businesses and state agencies to notify residents when sensitive personal information is lost or stolen from their databases. “I’m surprised as well as disappointed by the Governor’s veto,“ said…
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…