PRIVACY + SECURITY BLOG

News, Developments, and Insights

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The Brave New World of HIPAA Enforcement

by Daniel J. Solove Are privacy and security laws being enforced effectively? This post is post #4 of a series called Enforcing Privacy and Security Laws. The Health Insurance Portability and Accountability Act (HIPAA) regulations govern health information maintained by various entities covered by HIPAA (“covered entities”) and other organizations that receive health information from […]

The Privacy Pillory and the Security Rack: The Enforcement Toolkit

by Daniel J. Solove Are privacy and security laws being enforced effectively? This post is post #2 in a series called Enforcing Privacy and Security Laws. See the end of this post for links to other posts in this series. What kind of sanctions do privacy and security laws use for enforcement? In this post, […]

The Best Preventative Medicine for Health Data Breaches

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 […]

How to Enter the Privacy Profession

by Daniel J. Solove The privacy profession is growing by leaps and bounds, but entering it is tricky. My law students and others frequently ask me how they can enter the privacy field. Most jobs seem to require a few years of experience, but the privacy profession is still relatively new, and getting this experience […]

Follow Professor Solove on Social Media

If you are interested in privacy and data security issues, there are many great ways Professor Solove can help you stay informed: Professor Solove’s LinkedIn Influencer blog You can follow Professor Solove on his blog at LinkedIn, where he is an “LinkedIn Influencer.”  He blogs about various privacy and data security issues. His blog has […]

6 Lessons from the Costliest HIPAA Settlement to Date

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 […]

Waking Up the C-Suite to Privacy and Security Risks

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 […]

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

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 […]

The Year in Privacy 2013 and the Year to Come

by Daniel J. Solove 2013 was a remarkable year in privacy developments. Here are four main trends I saw occurring this year: 1. The heat on the NSA for its broad surveillance programs has been sustained and productive. The Edward Snowden leaks revealed massive NSA surveillance efforts. What is most interesting in the aftermath of […]

HIPAA Turns 10: Analyzing the Past, Present, and Future Impact

by Daniel J. Solove In the April issue of the Journal of AHIMA, I authored two short pieces about HIPAA: HIPAA Turns 10: Analyzing the Past, Present, and Future Impact 84 Journal of AHIMA 22 (April 2013) HIPAA Mighty and Flawed: Regulation has Wide-Reaching Impact on the Healthcare Industry 84 Journal of AHIMA 30 (April […]