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Category: Legislation

Three recent breach disclosures remind us how seldom timely breach notification is enforced under HITECH

Posted on March 4, 2024 by Dissent

Three recent data breach disclosures involving patient data all exceeded HIPAA’s 60-day deadline to notify HHS and individuals. Yakima Valley Radiology A breach involving the Washington state radiology service was added to Karakurt’s leak site in November 2023 with a listing claiming — without proof — that they had acquired 9.31 GB of files with financial…

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Biden’s new data security order leaves industry officials, privacy advocates scratching their heads

Posted on March 1, 2024 by Dissent

David DiMolfetta reports: A new White House directive that gives agencies the legal power to prevent Americans’ sensitive data from falling into the hands of foreign adversaries is getting mixed reviews, with industry executives saying it could risk muddling current data flow mechanisms and privacy advocates contending it doesn’t go far enough to address potential abuses at…

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Message to the Congress on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern

Posted on March 1, 2024 by Dissent

TO THE CONGRESS OF THE UNITED STATES: Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I hereby report that I have issued an Executive Order that expands the scope of the national emergency…

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NIST Publishes Final “Cybersecurity Resource Guide” on Implementing the HIPAA Security Rule

Posted on February 24, 2024 by Dissent

Jennifer Hennessy and Christopher Taylor of Foley & Lardner write: In an important development for HIPAA-regulated entities looking for practical assistance in understanding, implementing, and enhancing compliance with the HIPAA Security Rule, the National Institute of Standards and Technology (NIST) has finalized its comprehensive guidance, Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule: A…

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An Update on the SEC’s Cybersecurity Reporting Rules

Posted on February 23, 2024 by Dissent

Hunton Andrews Kurth write: As we pass the two-month anniversary of the effectiveness of the U.S. Securities and Exchange Commission’s (“SEC’s”) Form 8-K cybersecurity reporting rules under new Item 1.05, this blog post provides a high-level summary of the filings made to date. Six companies have now made Item 1.05 Form 8-K filings. Three of these companies also…

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New Jersey law enforcement officers sue 118 data brokers for not removing personal info

Posted on February 14, 2024 by Dissent

Suzanne Smalley reports: Over the course of the last week, 118 class action lawsuits were filed against data brokers who allegedly failed to respond to requests from about 20,000 New Jersey law enforcement personnel asking to remove their personal information from the internet. New Jersey law prohibits the disclosure of home addresses and unpublished telephone…

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