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Mintz May Madness: Comprehensive Data Privacy Laws Sweeping the Nation
May 3, 2023 | Blog | By Michael Katz, Cynthia Larose, Ilse P. Johnson
Last month, three state legislatures passed comprehensive data privacy laws. This week, Indiana’s governor signed the Indiana Consumer Data Privacy Act (“ICDPA’) into law. Montana and Tennessee likely to follow right behind. These newcomers will join the six other states with data privacy statutes already enacted.
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Are You Ready? How to Prepare for the End of OCR’s Public Health Emergency HIPAA Enforcement Discretion
May 1, 2023 | Blog | By Dianne Bourque, Lara Compton
In April, 2020, in an effort to facilitate a national pivot to telehealth in light of the COVID-19 Public Health Emergency (PHE), the U.S. Department of Health & Human Services Office for Civil Rights (OCR) announced a policy of Health Insurance Portability and Accountability Act of 1996 (HIPAA) enforcement discretion for regulated health care providers (Covered Entities) implementing communications technologies that weren’t fully compliant with HIPAA or using those technologies in a manner that didn’t comply with HIPAA. Examples of flexibilities included allowing technology providers access to protected health information (PHI) without a HIPAA Business Associate Agreement (BAA). OCR’s enforcement discretion enabled Covered Entities to minimize the need for in-person visits for all kinds of health care services, not just COVID-19 related care. OCR also implemented flexibilities to promote public health during the COVID-19 pandemic; for example, it allowed for Business Associates to share COVID-19 data with government agencies for such purposes without specific authority to do so under BAAs.
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OCR Proposes HIPAA Amendments to Protect Reproductive Health Care Information
April 13, 2023| Blog|
Benefits and Legal Risks of Embracing Generative AI Applications
April 5, 2023 | Blog | By Jeremy Glaser, Lorena Niebla
Generative artificial intelligence creates content and work efficiencies but also comes with legal pitfalls. Mintz Venture Capital & Emerging Companies Practice Co-chair Jeremy Glaser and Associate Lorena Niebla look at the technology's potential uses as well as risks related to data privacy, intellectual property, and more.
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Federal Trade Commission’s GoodRx Settlement: Not Just a $1.5 Million Penalty
March 8, 2023| Blog|
An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Bigger – Yet Again.
March 1, 2023 | Blog | By Adam B. Korn, Sebastian Navarro, Todd Rosenbaum
Illinois Supreme Court’s Latest BIPA Ruling Increases Risk and Uncertainty as to the Scope of Damages Available Under the Statute
February 28, 2023 | Blog | By Trust D. Kupupika, Kevin McGinty
Just in time for Data Privacy Week: The new Mintz Matrix!
January 27, 2023 | Blog | By Cynthia Larose
FCC Proposes Changes to Its Reporting Requirements for Customer Data Breaches
January 13, 2023 | Blog | By Angela Kung, Jonathan P. Garvin
New EU-US Data Privacy Framework
December 13, 2022 | Blog
The European Commission has published its long-awaited draft of the new EU-US Data Privacy Framework, available here. The Data Privacy Framework will replace the Privacy Shield decision that was invalidated in July 2020 by the Schrems II decision. President Biden’s recent Executive Order paved the way for the new Data Privacy Framework by creating a significantly more robust right of redress for people in the EU, along with stronger guardrails and greater oversight for US intelligence agencies’ data privacy compliance.
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Is Your Website Collecting PHI Under OCR's New Tracking Technologies Bulletin?
December 7, 2022| Blog|
JUST A REMINDER: Refresh Your Standard Contractual Clauses!!
November 29, 2022 | Blog | By Cynthia Larose
DOJ Charges 10 Defendants for Allegedly Defrauding Public and Private Health Insurers Out of $11.1 Million Through Business Email Compromise Schemes
November 28, 2022 | Blog | By Kathryn Edgerton
This post provides insights and recommendations surrounding the DOJ's charges against 10 defendants involved in business email compromise schemes.
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Google Pays Record Privacy Settlement as Lawsuits are Expected to Rise
November 22, 2022 | Blog | By Adam B. Korn, Sebastian Navarro, Todd Rosenbaum
In what is considered the largest privacy-related settlement in history, Google will pay $391.5 million to 40 states to settle an investigation by 40 state attorneys general. The bipartisan coalition of attorneys general alleged that Google misled users into believing that opting out of sharing their location data prevented the company from tracking users’ locations.
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NYC Proposes Rules in Advance of 2023 Automated Employment Decision Tools Law
November 4, 2022 | Blog | By Corbin Carter, Michelle Capezza, Evan Piercey
“Ding Dong” -- FTC-Drizly Data Breach Settlement Will follow CEO Personally for a Decade
October 28, 2022 | Blog | By Christopher Buontempo, Cynthia Larose
The Sun is About to Set on Temporary CCPA/CPRA Exemptions: Employers Get Ready
September 14, 2022 | Blog | By Cynthia Larose
California Assembly Passes Sweeping Age-Appropriate Privacy Legislation
September 6, 2022 | Blog | By Kevin Hiraki, Cynthia Larose
First California AG Enforcement Action Under CCPA – And It’s a Big One
August 24, 2022 | Blog | By Cynthia Larose
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