PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Will the United States Finally Enact a Federal Comprehensive Privacy Law?

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These days, there seems to be a lot of energy around a federal comprehensive privacy law in the United States.  When the US Congress started passing privacy laws in the 1970s, 80s, and 90s, it eschewed the route of passing a comprehensive privacy law, opting instead for the sectoral approach — passing a series of […]

Cartoon: The CCPA, a Federal Comprehensive Privacy Law, and Preemption

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For years, many policymakers, industry representatives, and commentators were opposed to a comprehensive federal privacy law.  They typical federalism arguments were often trotted out. Then, in 2018, California passed the California Consumer Privacy Act (CCPA). Now, there seems to be a chorus for a comprehensive federal privacy law with preemption.  I’ll be posting soon about […]

Increasing State HIPAA Enforcement: Highlights from 2018

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There have been quite a number of state HIPAA enforcement cases this year, and one expert points out a trend toward increasing state enforcement of HIPAA. An article in Data Breach Today discusses a number of state HIPAA enforcement cases.  Here are some of the ones discussed: Massachusetts — $75,000 settlement with McLean Hospital for […]

Largest COPPA Penalty Ever – NY AG Settles with Oath (Formerly AOL)

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On December 4, 2018, New York Attorney General Barbara D. Underwood announced a $4.95 million settlement with Oath, Inc. (formerly known as AOL), for violating the Children’s Online Privacy Protection Act (COPPA). This is the largest penalty in a COPPA enforcement case in U.S. history.

Update on the Kansas Teen Sex Medical Records Case

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A few days ago, I blogged about a case in Kansas where the Attorney General interpreted a law prohibiting sex with minors under the age of 16 as requiring doctors to report any sexual activity by people under 16 to the state authorities. Recently, the Kansas Supreme Court issued an opinion, Alpha Medical Clinic v. Anderson, strongly limiting […]