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A legal blog on privacy, data security and information management

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OCR Provides Guidance Related to COVID-19 PHI Disclosures

By Wakaba Tessier & Erica M. Ash

March 25, 2020

The Department of Health and Human Services, Office of Civil Rights (OCR) recently released guidance and helpful examples illustrating how Covered Entities can comply with HIPAA and the Privacy Rule and still disclose protected health information (PHI) about individuals infected with or exposed to COVID-19 to Essential Providers. Read the full post on our Healthcare Law Insights blog.…

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OCR Releases FAQ: Update to March 17 Telehealth Waiver Announcement

By Wakaba Tessier & Erica M. Ash

March 24, 2020

On March 20, 2020 OCR released a Frequently Asked Questions list to help further clarify its March 17th Waiver. In the FAQ, OCR clarifies that the waiver not only allows providers to utilize platforms that do not comply with the requirements of the Security Rule (discussed in our original post), but it also applies to the Breach Notification and Privacy Rules that may be implicated when using a less secure platform. OCR also assures…

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FBI and CISA Warn of Coronavirus-Related Cyber Scams

By David Stauss & Erik Dullea

March 24, 2020

Keypoint: Individuals and businesses should take steps to prevent against becoming victims of the rapid rise in Coronavirus-related hacking scams. On March 20, 2020, the FBI issued an alert warning that cyber thieves are actively trying to exploit the Coronavirus pandemic to steal money, commit identity theft, and engage in other hacking-related activity. The Cybersecurity and Infrastructure Security Agency (CISA) issued a similar alert earlier this month.…

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CCPA Update: California AG Responds to Request to Postpone CCPA’s Enforcement Deadline

By David Stauss, Malia Rogers & Megan Herr

March 23, 2020

Keypoint: The California Attorney General’s office does not currently plan to extend the CCPA’s enforcement deadline but left the door open to reconsider its position as the coronavirus crisis unfolds. As we previously reported, on March 17, 2020, over thirty trade associations, companies, and organizations sent a letter to California Attorney General Becerra requesting that, in light of the coronavirus crisis and unfinished status of the regulations, he “forebear from enforcing the CCPA until…

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Responding to CCPA Requests During the Coronavirus Pandemic

By David Stauss & Malia Rogers

March 19, 2020

Keypoint: The California Attorney General’s office has not addressed whether businesses may delay responding to CCPA requests due to the Coronavirus pandemic; however, businesses can look to the CCPA’s 45-day extension for relief, at least with respect to responding to requests to know and delete. To state the obvious, businesses subject to the California Consumer Privacy Act (CCPA) may have more urgent matters to handle these days than responding to CCPA consumer requests. Yet, the…

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OCR to Waive Penalties for Telehealth Using Popular Communication Applications

By Erica M. Ash & Wakaba Tessier

March 19, 2020

On March 17, 2019, the Department of Health and Human Services, Office of Civil Rights (OCR) announced that it will exercise its enforcement discretion and waive potential penalties for HIPAA violations against healthcare providers that see patients through non-public communication applications during the COVID-19 nationwide public health emergency. Background on Security Requirements for Telemedicine providers Under what is commonly referred to as the HIPAA “Security Rule,” CMS requires organizations to have certain safeguards in place…

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European Data Protection Board Chair Issues COVID-19 Statement

By Eric Levy

March 18, 2020

On Monday, the Chair of the European Data Protection Board (EDPB) issued a statement on the processing of personal data in the context of the COVID-19 outbreak. In that statement, the Chair acknowledged that although the EU General Data Protection Regulation (GDPR) provides broad and comprehensive privacy rights to individuals, it does have mechanisms in place that allow certain data collectors/processors, such as employers, as well as competent public health authorities, to process personal data…

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Webinar: Analyzing the AG’s Second Set of Modified Proposed CCPA Regulations

By Husch Blackwell

March 16, 2020

On March 11, 2020, the California Attorney General’s office published a second set of modified proposed CCPA regulations. Members of Husch Blackwell’s privacy and data security practice group will host a webinar on Tuesday, March 17, from 12:00-1:00 p.m. CT, to analyze the second set of modified proposed regulations. Click here to register.…

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Washington Privacy Act Fails

By David Stauss

March 12, 2020

Keypoint: For the second year in a row, the Washington Privacy Act has failed to become law. Yesterday afternoon, on the final day of the Washington legislative session, Senator Reuven Carlyle issued a statement announcing the failure of the Senate and House to reach a compromise on the Washington Privacy Act (WPA) (SB 6281). Senator Carlyle’s statement identified one insurmountable obstacle – enforcement.…

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CCPA Update: Second Set of Modified Proposed Regulations Published

By David Stauss, Malia Rogers, Bob Bowman & Megan Herr

March 11, 2020

Keypoint: This modified draft of proposed regulations retracts some of the modifications as published on February 10 and adds new revisions. There is an additional comment period, which delays publication of final regulations and further shortens the time businesses will have to drive compliance before the July 1, 2020 enforcement date. On Wednesday, March 11, 2020, the California Attorney General’s office published a notice of second set of modifications to the text of the proposed…

Byte Back

A legal blog on privacy, data security and information management

Blog Authors

OCR Provides Guidance Related to COVID-19 PHI Disclosures

OCR Releases FAQ: Update to March 17 Telehealth Waiver Announcement

FBI and CISA Warn of Coronavirus-Related Cyber Scams

CCPA Update: California AG Responds to Request to Postpone CCPA’s Enforcement Deadline

Responding to CCPA Requests During the Coronavirus Pandemic

OCR to Waive Penalties for Telehealth Using Popular Communication Applications

European Data Protection Board Chair Issues COVID-19 Statement

Webinar: Analyzing the AG’s Second Set of Modified Proposed CCPA Regulations

Washington Privacy Act Fails

CCPA Update: Second Set of Modified Proposed Regulations Published

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