Posts about Privacy, Security and HIPAA Enforcement by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness training company.
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 – […]