In a new post on the Covington Digital Health blog, our colleagues discuss the Office for Civil Rights’ (“OCR”) recently published request for information (“RFI”) seeking comment on implementing certain provisions of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act.  The RFI seeks input as to how covered entities and business

In a new post on the Covington Digital Health blog, our colleagues discuss recently announced Federal Trade Commission (“FTC”) guidance meant to help companies determine their obligations under the Health Breach Notification Rule (the “Rule”).  The guidance follows the FTC’s September 2021 Policy Statement, which expanded the Rule’s application to the developers of health

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

On May 19, 2021, the Italian Supervisory Authority (“Garante”) fined a physician €5,000 for publishing a patient’s medical records without obtaining that patient’s specific consent to do so.  As background, the physician downloaded medical records about a patient she treated at a local hospital from the hospital’s online archive system, including images taken during surgery.  The physician used these records for a presentation at a medical conference, and also included them as documentation supporting a scientific research paper she submitted for a competition hosted by a surgeons’ association.  The physician’s paper was ultimately selected as the winner of that competition, resulting in the publication of her work on the association’s website.
Continue Reading Italian Supervisory Authority Fines Physician for Secondary Use of Patient Data Without Specific Consent

Two recent actions by lawmakers are intended to address certain uses of technology in health. First, two Senators have introduced a bipartisan bill related to the collection and use of identifiable health data from wearable health trackers.  Second, following an appeal from Democratic lawmakers, the Agency for Healthcare Research and Quality (“AHRQ”) plans to review the use of race-based algorithms in medical care.
Continue Reading SMARTWATCH Act and AHRQ’s Inquiry

It’s the stuff of science fiction:  adversaries extract DNA information from a cup of coffee or postage stamp and use it infer one’s most private traits.  However, a recently released study entitled, “Data Sanitization to Reduce Private Information Leakage from Functional Genomics” discusses how this can be achieved, along with privacy measures that

In a new post on the Covington Digital Health blog, our colleagues discuss California Attorney General Xavier Becerra’s recent settlement against Glow, Inc., resolving allegations that the fertility app had “expose[d] millions of women’s personal and medical information.” The post explains the allegations and settlement terms, as well as takeaways for providers of digital

On September 1, the California legislature passed AB 713, a bill that creates a new healthcare-related exemption under the California Consumer Privacy Act of 2018 (“CCPA”).  All provisions of the bill will take effect immediately to prevent the CCPA from “negatively impact[ing] certain health-related information and research,” except for the required contractual provisions described below.

Under the new exemption, information is not subject to the CCPA’s obligations if it meets both of the following requirements:
Continue Reading California Legislature Adopts CCPA Exemption for Information Deidentified in Accordance with the HIPAA Privacy Rule