Tag Archives: Vermont

Colorado, Louisiana, and Vermont Add to Recent Trend of Changes to State Data Breach Notification Laws

This spring has seen significant legislative activity with regards to state data breach notification laws, ranging from new laws in Alabama and South Dakota to amendments to existing laws in Oregon, Arizona, and elsewhere.  Continuing this trend, three states recently passed legislation to amend their existing data breach notification laws.  Legislation recently passed in Colorado … Continue Reading

Vermont Amends Breach Notice Requirements

Last month, Vermont amended its breach notice requirements to add an obligation to notify the Vermont attorney general and an outside deadline to notify affected consumers.  Under the amended Vermont law, businesses generally will be required to notify the Vermont attorney general within 14 business days of a security breach and to provide the attorney general … Continue Reading

Supreme Court Strikes Down Vermont Law Restricting Use of Prescriber-Identifiable Data

Today, in a 6-3 decision, the U.S. Supreme Court struck down a Vermont law restricting the sale, disclosure, and use of pharmacy records that reveal the prescribing practices of individual doctors.  In so holding, the Supreme Court found that speech in aid of pharmaceutical marketing is a form of expression protected by the First Amendment.   … Continue Reading

Supreme Court Grants Review of Second Circuit Medical Privacy Ruling

On January 7, 2010, the U.S. Supreme Court agreed to review a Court of Appeals decision striking down Vermont’s prescription confidentiality law.  The State of Vermont had petitioned the Supreme Court to review the case on December 13, 2010, after the Second Circuit ruled that the law constituted an impermissible restriction on commercial speech under the … Continue Reading

Vermont Seeks Supreme Court Review of Second Circuit Medical Privacy Ruling

The State of Vermont is petitioning the Supreme Court to review a Court of Appeals decision holding that the State’s prescription confidentiality law is unconstitutional. The law at issue prohibits regulated entities from selling or using records containing prescriber-identifiable information—i.e., information linking prescribers to prescriptions for particular drugs—for marketing or promoting prescription drugs, unless the prescriber … Continue Reading
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