I am so glad to see a follow-up on this case because I had the same questions about how and why Walgreens did not suffer the same federal penalties as CVS and Rite Aid for the same infringement of HIPAA. My original coverage of this breach is no longer online as the former version of…
Category: Legislation
Still Missing a New Leader, Former OCR Directors, Experts Offer Advice, Task List
Theresa Defino writes: Issue a final rule revising the privacy regulation and write guidance on the information blocking rule. Formalize the fledgling audit program required by Congress more than 10 years ago. Engage with providers and other HIPAA-regulated entities. And by all means, get cracking. In a series of interviews with RPP, two former Office for…
Connecticut Enacts Safe Harbor From Punitive Damages In Data Breach Cases
Jason Gavejian and Joseph Lazzarotti of JacksonLewis write: Effective October 1, 2021, Connecticut becomes the third state with a data breach litigation “safe harbor” law (Public Act No. 21-119), joining Utah and Ohio. In short, the Connecticut law prohibits courts in the state from assessing punitive damages in data breach litigation against a covered defendant…
California Breach Regulations Applicable to Health Care Facilities Align “Breach” Definition with HIPAA, Expand Reporting Obligations, and Clarify Penalty Structure
Jennifer Hennessy, Chloe Talbert, and Jennifer Urban of Foley Lardner write: California clinics, health facilities, home health agencies, and licensed hospices required to report breaches to the California Department of Public Health (CDPH) under California’s Health and Safety Code Section 1280.15 (Section 1280.15) are now subject to a new set of regulations. Section 1280.15, which has been in…
China’s New Law Requires Researchers to Report All Zero-Day Bugs to Government
Ravie Lakshmanan reports: The Cyberspace Administration of China (CAC) has issued new stricter vulnerability disclosures regulations that mandate security researchers uncovering critical flaws in computer systems to mandatorily disclose them first-hand to the government authorities within two days of filing a report. The “Regulations on the Management of Network Product Security Vulnerability” are expected to…
China’s Shenzhen City Enacted Regional Data Regulation
Manuel Torres and Zhang, Dun of Garrigues write: Shenzhen, the leading financial and production center for China and home of many Chinese internet and tech giants such as Huawei, Tencent and DJI, enacted its regional data protection law, ‘Data Regulation of the Shenzhen Special Economic Zone’ (Shenzhen Data Regulation) on June 29, 2021. Shenzhen Data…