Workplace Privacy, Data Management & Security Report

Key Components of a COVID-19 Screening Program

March 28, 2020

Stopping the spread of coronavirus is critical to overcoming the COVID-19 pandemic. As testing is ramping up around the country, some states and localities have imposed health screening requirements in an effort to identify persons at risk of being infected and stopping them from infecting others. Whether mandatory or recommended, screening employees and visitors could play an important role in curbing the spread of COVID-19. However, developing and implementing a screening program raises a range…

Workplace Privacy, Data Management & Security Report

OCR HIPAA Guidance For Getting PHI of COVID-19 Exposed Individuals to First Responders

By Joseph J. Lazzarotti

March 25, 2020

With first responders on the front lines of helping to fight the coronavirus, sharing information about potential exposure to COVID-19 is critical to protecting them and preventing further spread. In these situations, the information shared is most often “protected health information” (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. To help clarify when PHI can be shared in these circumstances, the Office for Civil Rights (OCR) at the U.S…

Workplace Privacy, Data Management & Security Report

EEOC Updates Its 2009 Guidance Concerning Pandemic Preparedness

By Joseph J. Lazzarotti

March 20, 2020

On March 19, 2020, the Equal Employment Opportunity Commission updated its 2009 pandemic preparedness guidance: Pandemic Preparedness in the Workplace and the Americans with Disabilities Act. It includes the following note: The EEOC is updating this 2009 publication to address its application to coronavirus disease 2019 (COVID-19). Employers and employees should follow guidance from the Centers for Disease Control and Prevention (CDC) as well as state/local public health authorities on how best to slow…

Workplace Privacy, Data Management & Security Report

HHS Removes Enforcement Barriers for Telehealth during COVID-19 Nationwide Public Health Emergency

By Joseph J. Lazzarotti

March 18, 2020

The Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) wants to make it easier for individuals to reach a healthcare provider, including those most at risk (older persons and persons with disabilities). Effective immediately, during the COVID-19 nationwide public health emergency, OCR announced it will not enforce noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of…

Workplace Privacy, Data Management & Security Report

HIPAA Privacy Rule Waiver, Other Medical Information Questions During the COVID-19 Pandemic

By Joseph J. Lazzarotti

March 17, 2020

As the coronavirus spreads across the globe and in the United States, providers, businesses, employers, and others are struggling to understand what medical information they can collect and what information they can share. These are difficult questions the answers to which involve considering factors such as long-standing compliance requirements (e.g., HIPAA, ADA, GINA, state law), the unprecedented times we are in, business risk, and common sense. Government is trying to act to relieve some of…

Workplace Privacy, Data Management & Security Report

Work-From-Home Checklist During the Coronavirus Pandemic

By Joseph J. Lazzarotti & Jason C. Gavejian

March 16, 2020

The debate over working from home continues, reaching a high point in 2013 when Marissa Mayer, then CEO of Yahoo, sought to curb the practice. However, as the Coronavirus continues to spread across the U.S., more companies are instructing their employees to work-from-home as a social distancing technique to help contain the spread and remain productive. No doubt advances in technology and widespread availability of broadband access have made it possible for many to…

Workplace Privacy, Data Management & Security Report

California AG Urges Congress Not to Preempt the CCPA

By Jason C. Gavejian & Maya Atrakchi

March 16, 2020

Earlier this month, California Attorney General (“AG”) Xavier Becerra sent a letter to several members of U.S. Congress, providing an update on the implementation of the newly effective California Consumer Privacy Act (CCPA), and urging Congress not to enact a federal law that would preempt the CCPA and other state consumer privacy measures. Instead, AG Becerra called on Congress to develop a law that would “build on the rights” provided for by the CCPA, and…

Workplace Privacy, Data Management & Security Report

New York SHIELD Act FAQs

By Joseph J. Lazzarotti, Jason C. Gavejian, Damon W. Silver, Mary T. Costigan & Delonie A. Plummer

March 11, 2020

Over the past few months, businesses across the country have been focused on the California Consumer Privacy Act (CCPA) which dramatically expands privacy rights for California residents and provides a strong incentive for businesses to implement reasonable safeguards to protect personal information. That focus is turning back east as the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), becomes effective in less than two weeks. With the goal of strengthening protection…

Workplace Privacy, Data Management & Security Report

What Does Phishing Have to do with Coronavirus?

By Joseph J. Lazzarotti

March 2, 2020

As announcements relaying the spread of Coronavirus (COVID-19) continue daily, governmental agencies at all levels are offering information and guidance, and businesses are scrambling to prepare and protect their employees and customers. As part of a larger group in my firm helping to synthesize all this information, there is an aspect of responding to COVID-19 that has not gotten much attention – emerging phishing attacks by informed hackers trying to capitalize on fears employees…

Workplace Privacy, Data Management & Security Report

Requests to Know under the CCPA: Practical Compliance Tips

By Rachel E. Ehlers

February 26, 2020

The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun. Organizations should have already assessed whether their business is subject to the new law and if so, taken steps to ensure compliance. Likely, one of the most difficult compliance areas of the CCPA is responding to consumer requests to know the personal information…

Workplace Privacy, Data Management & Security Report

Blog Authors

Key Components of a COVID-19 Screening Program

OCR HIPAA Guidance For Getting PHI of COVID-19 Exposed Individuals to First Responders

EEOC Updates Its 2009 Guidance Concerning Pandemic Preparedness

HHS Removes Enforcement Barriers for Telehealth during COVID-19 Nationwide Public Health Emergency

HIPAA Privacy Rule Waiver, Other Medical Information Questions During the COVID-19 Pandemic

Work-From-Home Checklist During the Coronavirus Pandemic

California AG Urges Congress Not to Preempt the CCPA

New York SHIELD Act FAQs

What Does Phishing Have to do with Coronavirus?

Requests to Know under the CCPA: Practical Compliance Tips

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