Healthcare

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

California Federal Court Dismisses GPS Data Tracking Privacy Class Action in Ruling of First Impression For CIPA Claims Involving Devices

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

LinkedIn’s Data Scraping Battle with hiQ Labs Ends with Proposed Judgment | Privacy World

SEC Accused of Violating FOIA Deadlines

Last month a California appellate court affirmed (for the first time among any state appellate courts to consider the issue) the lower court’s denial of class certification for claims brought under the Confidentiality of Medical Information Act (“CMIA”) in the wake of a data breach. Vigil v. Muir Medical Group IPA, Inc., 2022 Cal. App. LEXIS 860 (Cal. App. Ct. Sep. 26, 2022). Given the general receptiveness of California courts to similar claims, this decision is notable in several respects, outlined in additional detail below.

Continue Reading California Appellate Court In Ruling of First Impression Affirms Denial of Class Certification in Data Breach Involving Confidential Medical Information

The Southern District of Florida issued its second motion to dismiss ruling in the multidistrict litigation (“MDL”), In re Mednax Services, MDL No. 2994, further limiting Plaintiffs’ claims but allowing the case to proceed to discovery.  This ruling is a mixed bag for the Defendants but consistent with rulings in prior cases (where the

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

NOW AVAILABLE: Lexis Practical Guidance Releases CPW Team Member David Oberly’s “Mitigating Legal Risks When Using Biometric Technologies” Biometric

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Connecticut General Assembly Passes Comprehensive Privacy Bill

Federal Trade Commission Proposes Adjustments to Telemarketing Sales Rule, Including B2b Telemarketing

Earlier this month, the Food and Drug Administration (“FDA”) issued Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions. This draft guidance document, which replaces the prior 2018 draft guidance, is “intended to further emphasize the importance of ensuring that devices are designed securely, are designed to be capable of mitigating

CPW is pleased to announce that today David Oberly joins Squire Patton Boggs (US) LLP’s globally-recognized Data Privacy, Cybersecurity & Digital Assets Practice from Blank Rome, where he played an instrumental role in launching the firm’s Biometric Privacy Practice.  As a recognized thought leader in the biometric privacy space, David serves as a go-to expert

The FTC’s recent policy statement on the Health Breach Notification Rule (the “Rule”) substantially impacts the consumer-facing digital health industry by significantly expanding (a) the scope of entities subject to the Rule and (b) data practices that constitute a breach. Under the new guidance, any entity that collects health data from both a connected device and the consumer (excluding entities already subject to HIPAA) will be treated as a “vendor of Personal Health Records” (“PHR Vendor”) subject to the Rule. Moreover, PHR Vendors that share such information without the individual’s authorization will trigger the Rule’s breach notification requirements.
Continue Reading FTC Policy Statement Substantially Expands Scope of Personal Health Record Vendor Rules

In re Mednax Services, MDL No. 2994, is an MDL (multidistrict litigation) pending in the Southern District of Florida, currently in its early stages.  2021 U.S. Dist. LEXIS 195342, *8-9 (S.D. Fla. Oct. 9, 2021).  In a striking move late last week, a federal court ordered a stay of the proceedings pending resolution of