PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Who Are the Privacy and Security Cops on the Beat?

privacy and security

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by Daniel J. Solove

Are privacy and security laws being enforced effectively? This post is post #3 of a series called Enforcing Privacy and Security Laws.

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The Best Preventative Medicine for Health Data Breaches

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by Daniel J. Solove

Last week, I gave a keynote address at a conference called Safeguarding Health Information: Building Assurance through HIPAA Security, sponsored by the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services (HHS), Office for Civil Rights (OCR). I’d like to summarize my remarks here for anyone interested who wasn’t able to attend.

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6 Lessons from the Costliest HIPAA Settlement to Date

Costliest HIPAA Settlement blog 1

by Daniel J. Solove

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently announced the costliest HIPAA settlement to date — a $4.8 million settlement with New York and Presbyterian Hospital (NYP) and Columbia University (CU). The case involved the disclosure of protected health information on the Internet. Here are some lessons from this latest case:

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Waking Up the C-Suite to Privacy and Security Risks

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by Daniel J. Solove

I was recently interviewed in the Journal of AHIMA on how the C-suite is waking up to the new realities of privacy and data security risks. Before the HITECH Act in 2009, HIPAA enforcement was based on a cooperative model where HHS was not punitive in its approach. Now, big fines are being issued. There is auditing. The climate has changed.

Privacy and security risks are quite costly. This is true not just under HIPAA, but also as a general matter. At many organizations, the C-Suite doesn’t fully appreciate the magnitude of the risk. Back about 10 years ago, for many organizations, privacy and security risks were barely on the radar. Now they are recognized for many organizations, but the significance of the risk is often not fully understood or appreciated.

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The Battle for Leadership in Education Privacy Law: Will California Seize the Throne?

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by Daniel J. Solove

This post was co-authored by Professor Paul Schwartz, Berkeley Law School.

Education was one of the first areas where privacy was regulated by a federal statute. Passed in the early 1970s, the Family Educational Rights and Privacy Act (FERPA) was on the frontier of federal privacy regulation. But now it is old and ineffective. With the growing public concern about the privacy of student data, states are starting to rev up their engines and become more involved. The result could be game-changing legislation for the multi-billion dollar education technology industry.

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