Zombie PHR Breach Rule Rises From the Dead


If an entity that offers a personal health record identifies a breach of information in that record, it is required to provide notice to each impacted individual and to the FTC within 60 calendar days of discovery.

Yesterday, the FTC issued a policy statement announcing a new interpretation of the FTC’s 10-year-old “Personal Health Record Breach Notification Rule.” As the FTC acknowledges, this rule has never been enforced by the FTC. The FTC’s announcement indicates its intention to begin enforcing this rule, which allows the FTC to assess penalties of $43,792 per day of violation.

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Faegre Drinker on Law and Technology Podcast: Computer Forensics


Computer Forensics: What is it? How is it Used in Civil and Criminal Incident Response Work? In this episode of the Faegre Drinker on Law and Technology Podcast, host Jason G. Weiss talks with Supervisory Special Agent Steve Crist of the FBI and former Orange County DA Investigator Dave White about the importance of using computer forensics in private sector and government cyber and incident response investigations. They explore the differences between computer forensics and traditional “wet” forensics; how computer forensics has grown to play a significant role in civil investigative and legal matters; the importance of digital evidence in criminal cases; and how a digital investigator works their way through a case.

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Failure to Respect Patient’s Right to Access Health Care Information Leads to HIPAA Settlement


Bayfront Health – St. Petersburg (Bayfront) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) entered into a $85,000 no-fault settlement agreement and one year corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA). This settlement is the first case in HHS-OCR’s Right of Access Initiative (Initiative). The Initiative was open for public comment between December 2018 and February 2019 and received over 1,000 comments.

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California’s BOT Disclosure Law, SB 1001, Now In Effect


The B.O.T. (“Bolstering Online Transparency”) Act, enacted last year pursuant to SB 1001, has gone into effect in California. As of July 1, it is unlawful for a person or entity to use a bot to communicate or interact online with a person in California in order to incentivize a sale or transaction of goods or services or to influence a vote in an election without disclosing that the communication is via a bot. The law defines a “bot” as “an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.” The required disclosure must be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.

The law is the first of its kind enacted by a state legislature and applies only to communications with persons in California. In addition, it applies only to public-facing Internet Web sites, applications, or social networks that have at least 10 million monthly U.S. visitors or users. While the law contains no private right of action and expressly “does not impose a duty on service providers of online platforms,” failure to abide by the disclosure requirement, as enforced by the Attorney General, may constitute a violation of California’s unfair competition laws and result in fines and equitable remedies.

Texas Amends State Breach Notification Law and Creates Advisor Council to Study Privacy Laws


Businesses in Texas that own or license computerized data will expect a shortened data breach notification deadline for any breach of sensitive personal information after January 1, 2020. Meanwhile, reporting to state attorney general (“AG”) will become mandatory if more than 250 Texans are involved in a single data breach.

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Further Expansion of Data Security Requirements in FTC Order with LightYear Dealer Technologies


The FTC has entered into a settlement with LightYear Dealer Technologies, doing business as DealerBuilt, a technology company that develops and sells dealer management system (DMS) software and data processing services to automotive dealerships nationwide. The settlement resolves allegations that DealerBuilt engaged in a number of unreasonable data security practices. The DealerBuilt’s DMS software tracks, manages, and stores information related to all aspects of a dealership’s business, including sales, finance, inventory, accounting, payroll, and parts and service and collects and maintains personal and competitively sensitive information about consumers and employees.

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