Posts about Privacy, Security and HIPAA Enforcement by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness training company.
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.
In Italy, a rather disturbing prosecution is taking place. Google officials, including Chief Privacy Counsel Peter Fleischer, are being criminally prosecuted for a video somebody else uploaded to YouTube. According to an article by Tracey Bentley in the International Association of Privacy Professionals’ The Privacy Advisor:
As many of the recent revelations of government surveillance and information gathering are revealing, government agencies such as the FBI and NSA are violating the law. Recently, the DOJ investigation into the FBI’s use of NSLs reveals many violations of law. So where are the penalties? In the latest surveillance scandal, the FBI says that it […]
Today’s Washington Post has an interesting story about how the privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA) are not being enforced:
Suppose a company engages in an unfair and deceptive trade practice. It makes about $1 billion. The FTC investigates. A settlement is reached for a fine of $1 million and refunds to only some customers — yielding a net penalty of several million dollars — just a fraction of the spoils. That’s deterrence . . […]
The Office of Legal Counsel (OLC) of the DOJ has issued a highly suspect interpretation of the original HIPAA that seriously undermines the enforceability of HIPAA. Some background: In 1996, Congress Passed the Health Insurance Portability and Accountability Act (HIPAA). The Act, at 42 U.S.C. § 1320d-6, provided in part for the protection of medical privacy – […]