On Wednesday, October 6th, Governor Gavin Newsom signed SB 41, the Genetic Information Privacy Act, which expands genetic privacy protections for consumers in California, including those interacting with direct-to-consumer (“DTC”) genetic testing companies. In a recent Inside Privacy blog post, our colleagues discussed SB 41 and the growing patchwork of state genetic privacy laws
Newly Effective Florida Law Imposing Criminal Sanctions Adds to Developing Nationwide Patchwork of State Genetic Privacy Laws
Last Friday, October 1, the Protecting DNA Privacy Act (HB 833), a new genetic privacy law, went into effect in the state of Florida establishing four new crimes related to the unlawful use of another person’s DNA. While the criminal penalties in HB 833 are notable, Florida is not alone in its focus on increased genetic privacy protections. A growing number of states, including Utah, Arizona, and California, have begun developing a net of genetic privacy protections to fill gaps in federal and other state legislation, often focused on the privacy practices of direct-to-consumer (“DTC”) genetic testing companies. While some processing of genetic information is covered by federal law, the existing patchwork of federal genetic privacy protections do not clearly cover all forms of genetic testing, including DTC genetic tests.
Continue Reading Newly Effective Florida Law Imposing Criminal Sanctions Adds to Developing Nationwide Patchwork of State Genetic Privacy Laws
COVID-19: Legal Considerations and Best Practices for Employers Processing Vaccination Data
With the rollout of the COVID-19 vaccine, more and more businesses are planning to reopen their physical office spaces. They are confronted with ensuring a safe workplace and minimizing the risk of exposure to COVID-19. As employers consider health screening measures, ranging from temperature checks to vaccine mandates, they must navigate complex privacy issues.
Continue Reading COVID-19: Legal Considerations and Best Practices for Employers Processing Vaccination Data
All CPRA Comments due November 8, 2021
The California Privacy Protection Agency refreshed its invitation for public comments on the California Privacy Rights Act regulations. It clarified that commenters can comment on the enumerated topics we discussed here or any others. The deadline for the comments is November 8, 2021.
COVID-19 Vaccine Verification Frameworks: Emerging Standards Seek to Balance Privacy Concerns With Public Health Benefits
As COVID-19 vaccination becomes required in more personal and professional contexts, several different frameworks have emerged that propose both guiding principles and technical requirements for vaccine verification systems, including those developed by the World Health Organization (WHO) and the Good Health Pass Collaborative (GHPC).
Continue Reading COVID-19 Vaccine Verification Frameworks: Emerging Standards Seek to Balance Privacy Concerns With Public Health Benefits
FTC Adopts Policy Statement on Privacy Breaches by Health Apps and Connected Devices
On September 15, the Federal Trade Commission (“FTC”) adopted, on a 3-2 party-line vote, a policy statement that takes a broad view of which health apps and connected devices are subject to the FTC’s Health Breach Notification Rule (the “Rule”) and what triggers the Rule’s notification requirement.
The Rule was promulgated in 2009 under the Health Information Technology for Economic and Clinical Health (“HITECH”) Act. Under the Rule, vendors of personal health records that are not otherwise regulated under the Health Insurance Portability and Accountability Act (“HIPAA”) are required to notify individuals, the FTC, and, in some cases, the media following a breach involving unsecured identifiable health information. Third-party service providers also are required to notify covered vendors of any breach.
Continue Reading FTC Adopts Policy Statement on Privacy Breaches by Health Apps and Connected Devices
Proposed Bill Would Expand the Scope of the CMIA
In a new post on the Covington Digital Health blog, our colleagues discuss proposed legislation that would expand the definition of “provider of health care” under California’s Confidentiality of Medical Information Act (“CMIA”).
Continue Reading Proposed Bill Would Expand the Scope of the CMIA
California Privacy Protection Agency Holds First Meeting, Preparing for Upcoming Rulemaking
Earlier this month the California Privacy Protection Agency (CPPA) held its inaugural public meeting. The CPPA was created under Proposition 24, the California Privacy Rights Act (CPRA), which was approved by California voters on November 3, 2020.
Continue Reading California Privacy Protection Agency Holds First Meeting, Preparing for Upcoming Rulemaking
CCPA Consumer Request Metrics Reporting Due July 1, 2021
The deadline is quickly approaching for businesses to post their consumer request metrics under the California Consumer Privacy Act (CCPA) Regulations.
Continue Reading CCPA Consumer Request Metrics Reporting Due July 1, 2021
Colorado Legislature Passes Comprehensive Consumer Privacy Bill
Colorado is poised to join the growing number of states enacting a comprehensive privacy law. On Monday, June 7, both houses of the legislature passed the Colorado Privacy Act. The bill will now be sent to the Governor for approval.
Continue Reading Colorado Legislature Passes Comprehensive Consumer Privacy Bill