Posts about Privacy Laws by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
by Daniel J. Solove The new HIPAA-HITECH regulation is here. Officially titled “Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules,” this new regulation modifies HIPAA in accordance with the changes mandated by the HITECH Act of 2009. After years of waiting and many false alarms that the regulation was going to be […]
posted by Daniel J. Solove The final HIPAA-HITECH regulation is finally out! Clocking in at 563 pages long, the regulation, which is entitled “Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules” will be published in the Federal Register on January 25, 2013. You can download the PDF of the pre-publication version here.
by Daniel J. Solove Increasingly, educational institutions and state entities handling student data are hiring outside companies to perform cloud computing functions related to managing personal information. The benefits of cloud computing are that outside entities might be more sophisticated at managing personal data. These entities may be able to manage data more inexpensively and […]
Posted by Daniel J. Solove The frequent use of social media by employees has created a new domain of risk for employers – employees who reveal confidential or sensitive information or who otherwise say things that damage their institution’s reputation or create strife with their colleagues. For example, in the healthcare context, in a number […]
In a recent case, the Court of Appeal for Ontario, Canada recognized the privacy torts that are widely-recognized in the United States. Many foreign common law jurisdictions, including the United Kingdom and other countries, have steadfastly refused to recognize the privacy torts spawned by the 1890 law review article by Samuel Warren and Louis Brandeis, […]
Professor Paul Schwartz (Berkeley School of Law) and I recently published a new book, PRIVACY LAW FUNDAMENTALS. This book is a distilled guide to the essential elements of U.S. data privacy law. In an easily-digestible format, the book covers core concepts, key laws, and leading cases.
The U.S. Supreme Court has decided NASA v. Nelson, reversing the 9th Circuit 8-0. My thoughts about the case are here and here [links no longer available], and as I predicted, the Court rejected the 9th Circuit holding that the government employment background check questionnaires violated the constitutional right to information privacy. Fortunately, the Court […]
Marc Fisher, a Washington Post columnist, has a column in the Washington Post complaining about how privacy laws are getting in the way of the investigation into the background of the Virginia Tech Shooter. He writes:
Professor Neil Richards of Washington University Law School has posted on SSRN his recent essay, The Information Privacy Law Project, 94 Geo. L.J. 1087 (2006). He reviews my book, The Digital Person, and offers an interesting and insightful critique. Although he takes issue with some of my arguments and with the term “privacy,” I find his review […]
A while ago, I blogged about companies that were selling records of the numbers people call on their cell phones on the Internet. Congress is currently conducting an investigation into these companies. Today, Bob Sullivan at MSNBC reports: