Involuntary Dissolution Does Not Absolve Business Associate of HIPAA Obligations

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A receiver appointed to liquidate the assets of Filefax, Inc. has agreed to pay $100,000 to the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) in a no-fault settlement regarding potential violations of the Health Insurance Portability and Accountability Act (HIPAA).

Filefax, an entity involuntarily dissolved by the Illinois Secretary of State in August 2017, previously provided services to HIPAA covered entities, including storage, maintenance, and delivery of medical records.  On February 10, 2015, OCR received an anonymous complaint alleging that an individual had transported medical records obtained from Filefax to a shredding and recycling facility to sell on February 6 and 9, 2015.  OCR investigated the matter and confirmed that an individual had left medical records that contained the protected health information (PHI) of approximately 2,150 patients at the shredding and recycling facility.  OCR’s investigation indicated that Filefax had either left the PHI in an unlocked truck in its parking lot or granted permission to an unauthorized person to remove the PHI from Filefax, and left the PHI unsecured outside of the Filefax facility.

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China Releases New Personal Information Privacy Standards

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On January 25, 2018, China released the final version of the Personal Information Security Specification, new voluntary standards on the protection of personal information.  The standards anticipate and address the “issues faced in personal information security during the rapid development of IT technology; with the protection of personal information as their core” and is meant to “regulate all phases of big data operations and related conduct, such as the collection, storage, processing, use and disclosure of personal information.”  The standards will go into effect on May 1, 2018.

The standards will apply to organizations using information systems to process personal information; specific departments that involve network security, third party assessment organizations; and other organizations that deal with the oversight, management, and assessment of personal information security.  Generally, they lay out the following 8 basic principles of personal information security.

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OCR Kick Starts 2018 with Severe $3.5 Million HIPAA Settlement and Corrective Action Plan

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Fresenius Medical Center North America (FMCNA) agreed to pay $3.5 million to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and adopt a two-year comprehensive corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA).

The no-fault resolution agreement states that FMCNA reported five separate incidents that occurred between February 23, 2012 and July 18, 2012 at five distinct FMCNA facilities (FMCNA Covered Entities).  FMCNA provides centralized corporate support to the FMCNA Covered Entities, including storing patient’s medical records, creating and disseminating HIPAA policies and procedures, and investigating the circumstances surrounding each breach reported to it by the FMCNA Covered Entities.

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Strava’s Heatmap & IoT Devices

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Online fitness tracking app Strava recently published a “heatmap” of data showing the physical movement paths of Strava users around the globe.  The Strava app uses mobile phones’ GPS in conjunction with wearable fitness trackers, such as Fitbit, Garmin, and Xiaomi Mi, to track users’ physical activities, capture performance metrics like speed, pace, and distance, analyze users’ performance, and compare performance metrics with other users.  As useful as this information is to Strava users, it became widely known in late January 2018 that Strava’s heatmap, easily available to the public, shows the movement of soldiers and military personnel in different global locations.  This information can be used to identify, with explicit detail, the location and layout of foreign physical military installations in countries such as Syria and Afghanistan.

Strava’s heatmap, which was updated in November 2017, is a visualization of the company’s global network of athletes.  According to Strava, the heatmap is the “largest, richest, and most beautiful dataset of its kind,” and consists of the following data points:

  • 1 billion activities
  • 3 trillion latitude/longitude points
  • 13 trillion pixels rasterized
  • 10 terabytes of raw input data
  • A total distance of 27 billion km (17 billion miles)
  • A total recorded activity duration of 200 thousand years
  • 5% of all land on Earth covered by tiles

Strava notes that the platform has numerous privacy rules in place, including an enhanced privacy mode, the exclusion of some or all private activities, the cropping of activities to respect user defined privacy zones, and the option to opt-out of contributing data to the heatmap.

Strava’s heatmap highlights a variety of issues associated with the deployment of  Internet of Things (IoT) devices.  The IoT, a broad category of technology that is generally understood to include physical devices that can collect and share data and connect to the Internet, is quickly changing every aspect of our lives, from the way we work and how we purchase goods and services to how we exercise and how well we sleep.  How these devices connect with other devices as well as consumer expectations continue to evolve is this largely unregulated space.

The FTC’s 2012 report, “Protecting Consumer Privacy in an Era of Rapid Change,” provides further insight.

Partnership for Public Service Releases White Paper on Using Artificial Intelligence to Transform Government

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The Partnership for Public Service has issued a report that examines how artificial intelligence (AI) is being used by federal and state authorities in a variety of areas.

The research for the report, “The Future Has Begun: Using Artificial Intelligence to Transform Government,” was performed in collaboration with the IBM Center for The Business of Government and includes four case studies. The first case study involved using AI techniques originally created at the University of South Carolina to fight crime more effectively.  The software was originally used to fight domestic terrorism by helping federal and state officials determine potential targets and  make recommendations on randomizing patrol routes, security schedules for police officers, boat patrol routes, and assigning air marshals to flights.   In a later application of the same software, the same system was given to wildlife rangers in Africa to assist in making decisions on which wildlife areas to patrol on any given day to protect both animals and plants.  This was in response to presidential Executive Order 13648 issued in 2013 to have the Agriculture, Treasury and State Departments assist in combating wildlife crime.

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Connected Cars in 2018 – Ready for the Fast Lane?

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One of the most frequent predictions for significant growth in 2018 is the development of the connected car ecosystem. During the second half of 2017, there were workshops, proposed legislation and other guidance from the Department of Transportation and the National Highway Traffic Safety Administration (NHTSA).

In June 2017, the FTC and the NHTSA hosted a workshop in Washington, D.C. to discuss the enormous amounts of data collected and used in the connected car ecosystem. The workshop included representatives from consumer groups, industry, government and academia, and explored the benefits and challenges in this fast-growing market. After reviewing the materials submitted in connection with the workshop, the FTC released its Key Takeaways earlier this month.

In addition, the U.S. House of Representatives passed H.R. 3388, the SELF DRIVE (Safely Ensuring Lives Future Development and Research in Vehicle Evolution) Act to encourage testing, development and deployment of highly automated vehicles. Finally, the U.S. Department of Transportation and the NHTSA released new federal guidance for automated vehicles titled Automated Driving Systems 2.0: A Vision for Safety.

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