By Anna Kraus

The long-awaited final rule implementing changes to the Health Insurance Portability and Accountability Act (HIPAA) regulations mandated by the Health Information Technology for Economic and Clinical Health (HITECH) Act has been delayed once again.  Although the rule was expected by July, the Office of Management and Budget (OMB) has updated its website…

Recently, officials from the Office of the National Coordinator for Health Information Technology (ONC) in the Department of Health and Human Services stressed the need for data security in connection with providers’ use of mobile devices for health care delivery.  Approximately 81 percent of physicians use smart phones or mobile devices.  The need for data…

The House Judiciary Subcommittee on Intellectual Property, Competition, and the Internet recently held a hearing entitled “New Technologies and Innovations in the Mobile and Online Space, and the Implications for Public Policy.”  Much of the discussion focused on the relative merits of self-regulation versus the enactment of comprehensive federal privacy legislation.  (Separately, the Senate Commerce Committee…

Yesterday, Village View, Inc. reached a settlement with Professional Business Bank, a California state-chartered bank subject to regulation by the Federal Deposit Insurance Corporation (FDIC), over the company’s lawsuit against the bank arising from a data security breach.  In March 2010, Village View lost nearly $400,000 after the company’s bank account was compromised by hackers. …

By: Shel Abramson

The United States District Court for the Northern District of California recently dismissed with prejudice most claims asserted by consumer plaintiffs in In re iPhone Application Litigation, including causes of action under the Stored Communications Act (“SCA”), the Wiretap Act, and other federal and state laws.  Plaintiffs asserted that Apple and a…

Recently, Governor John Lynch of New Hampshire vetoed a bill (S.B. 175) that would have allowed an individual’s heirs to control the commercial use of the individual’s identity for 70 years following death.  Not all states recognize the “right of publicity” — the right for an individual to control his or her commercial likeness —…

As we previously described, the White House recently released a landmark privacy report, entitled Consumer Data Privacy in a Networked World, which outlines key privacy principles in its “Consumer Privacy Bill of Rights” and calls on the National Telecommunications & Information Administration (NTIA) to work with industry and others to develop voluntary but…