Joel E. Tragesser, Partner

Safe & Sound Blog Feed

http://safeandsound.quarles.com/

Our Safe & Sound blog provides a practical, business-focused discussion of the legal issues relating to the privacy and security of their data. This blog will keep clients and potential clients aware of current events, news, and legislation in this area.

Recent Blog Posts

  • On April 30, 2018 a Massachusetts physician was convicted by a federal jury for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and obstructing a criminal health care investigation after impermissibly disclosing protected health information and lying to federal agents during a criminal health care investigation. The physician’s convictions stemmed from a Department of Justice (DOJ) investigation of (and eventual $125 million settlement with) a pharmaceutical company that was suspected of felony health care fraud based on its... More
  • We have already provided you with the update on Health Information Technology, Privacy and Security 2018 First Quarter Update but we did not want the non-health care entities to feel left out! As such, we have assembled a few other noteworthy events in the data privacy and security world from the first quarter of 2018. FTC Published Report Raising Concerns with Mobile Device Security Updates In the February 2018 Commission Report on Mobile Security Updates: Understanding the Issues, the Federal Trade Commission... More
  • Is it April already? Where has the time gone? We have all heard about Facebook’s woes, but you have been so busy, you have probably missed a few of the other recent developments in health IT and data privacy and security. We have you covered with a roundup of some of the significant and interesting guidance and events from the first quarter of 2018. OCR Guidance on Cyber Extortion The U.S. Department of Health and Human Services (HHS) Office for Civil Rights... More
  • On March 28, 2018, exactly one week after South Dakota enacted a data breach notification law, and a little over sixteen years since California became the first state to pass a data breach law, Alabama became the fiftieth and final state to pass a data breach notification law. Until recently, Alabama and South Dakota were the only states that did not have data breach notification laws. Under Senate Bill 318, any person or business entity, including government entities, who handle electronically... More
  • On March 21, 2018, South Dakota became the forty-ninth state to enact a data breach notification law when Senate Bill 62 was signed by the governor. South Dakota’s breach notification law is effective July 1, 2018. In 2002, California became the first state to enact a data breach law, and since then, nearly every state has followed suit. Up until this point, the lone stragglers were South Dakota and Alabama (more on Alabama below). Any person or business conducting business in... More
  • The Federal Reserve Board, FDIC, and OCC issued an advance notice of proposed rulemaking (the “Proposed Rules”) on October 19 for enhanced cybersecurity standards on large banks (those with assets totaling $50 billion or more), non-bank financial companies, financial market infrastructures, financial market utilities, and third party providers that service those entities. The Proposed Rules address five key areas: cyber risk governance; cyber risk management; internal dependency management; external dependency management; and incident response, cyber resilience, and situational awareness.  In addition,... More
  • Entities with smaller breaches hoping to fly under the radar may be out of luck. On August 18, the Office for Civil Rights (OCR) announced its intention to more widely investigate breaches affecting less than 500 individuals. Specifically, OCR will instruct its Regional Offices to increase efforts to identify and obtain corrective action from entities with breaches affecting fewer than 500 individuals. Previously, OCR’s Regional Offices focused their attention on investigating all reported breaches involving the PHI of 500 or... More
  • Many a health lawyer has been struggling with how to communicate the U-turn-laden road of whether hospitals should allow physicians to text orders. The bottom line is: NOT YET. One way to summarize the The Joint Commission’s (TJC) position on texting orders is: Up until 2011: “What is texting?” 2011: “No texting!” May 2016: “You will be able to text—just hang on!” July 2016: “No, no, no, you cannot text until you get guidance from us, along with our good friends at the Centers... More
  • As of August 1, the US-EU Privacy Shield is up and running. Companies transferring personal data (e.g., employee data, customer data, etc.) from the EU to the U.S. can now register with the U.S. Department of Commerce provided that they meet the requisite protection criteria. Registration under the Privacy Shield certifies that the transfer of the personal data does not run afoul of the EU rules which generally prohibit the transfer of such personal data to the U.S.  As you will recall,... More
  • The long-awaited US-EU Privacy Shield—the successor to the US-EU Safe Harbor which was declared invalid—is set to kick in on August 1, 2016. (See our July 8 post for detail.) One of the reasons it took so long to put the Privacy Shield in place was the opposition it encountered from consumer groups and the data protection authorities of the EU member states (i.e., the Article 29 Working Group). The Article 29 Working Group called the Privacy Shield inadequate and not in... More