PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Lawsuits for HIPAA Violations and Beyond: A Journey Down the Rabbit Hole

by Daniel J. Solove At first blush, it seems impossible for a person to sue for a HIPAA violation. HIPAA lacks a private cause of action. So do many other privacy and data security laws, such as FERPA, the FTC Act, the Gramm-Leach-Bliley Act, among others. That means that these laws don’t provide people with […]

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The Most Alarming Fact of the HIPAA Audits

by Daniel J. Solove Are privacy and security laws being enforced effectively? This post is post #5 of a series called Enforcing Privacy and Security Laws. Under the Health Insurance Portability and Accountability Act (HIPAA), various organizations can be randomly selected to be audited – even if no complaint has been issued against them and […]

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Ebola and Privacy: Snooping, Confidentiality, and HIPAA

by Daniel J. Solove The recent cases of Ebola in the United States demonstrate challenges to health privacy in today’s information age — both in preventing employees from snooping into patient information as well as preventing the disclosure of patient identities. […]

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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 […]

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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 […]

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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 […]

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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 […]

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Too Much Privacy for the Virginia Tech Shooter?

Virginia Tech Shooter

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: […]

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