HIPAA preempts Florida medical records law 
Published: April 12, 2013
Tags: Health Insurance Portability and Accountability Act, HIPAA, nursing homes, privacy
Federal privacy law preempts a state law authorizing the release of medical records of deceased residents of nursing homes to certain designated individuals, the 11th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.
New HIPAA rule means big changes for doctors, hospitals 
By:
Correy Stephenson
Published: February 12, 2013
Tags: agency enforcement, data breach, data security, Department of Health and Human Services, Health Insurance Portability and Accountability Act, health plans, HIPAA, personal health information, privacy
Doctors, hospitals, other medical providers and companies who do business with them are facing big changes as a result of new HIPAA regulations.
Court ponders if lawyers can use records to find clients 
By:
Kimberly Atkins
Published: January 10, 2013
Tags: class action, Driver's Privacy Protection Act, privacy, U.S. Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court are trying to dissect the language of a poorly worded federal statute that protects drivers’ personal information from misuse in an effort to determine whether lawyers broke the law in looking for potential class action plaintiffs.
FTC scrutinizes data brokers over use of consumer info 
By:
Kimberly Atkins
Published: December 19, 2012
Tags: consumer law, data security, Federal Trade Commission, FTC, privacy
WASHINGTON – In an effort to bring more transparency to the consumer data collection industry, the Federal Trade Commission has issued orders to nine data brokerage companies directing them to supply the agency with information about how they collect and use consumers’ personal records.
Stored Communications Act doesn’t protect cell phone 
Published: December 14, 2012
Tags: cell phone, privacy, Stored Communications Act
A plaintiff could not recover damages under the Stored Communications Act based on a claim that her employer accessed the contents of her cell phone without her consent, the 5th Circuit has ruled in affirming judgment.
Benchmarks: HIPAA doesn’t preempt wrongful disclosure suit 
By:
Pat Murphy
Published: November 20, 2012
Tags: Health Insurance Portability and Accountability Act, HIPAA, invasion of privacy, preemption, privacy
A West Virginia man can sue for the wrongful disclosure of his mental health records to his estranged wife and her divorce attorney as a result of last week’s decision by the state’s highest court that HIPAA does not preempt such claims.
FTC releases consumer privacy guidance 
Published: November 9, 2012
Tags: data security, Federal Trade Commission, FTC, privacy
With the use of facial recognition technology on the rise, the Federal Trade Commission has released a report with recommendations on how companies can protect consumers’ privacy.
In-law didn’t violate privacy law by hacking e-mail 
Published: October 16, 2012
Tags: divorce, email, privacy
A woman didn’t violate the Stored Communications Act when she hacked into her brother-in-law’s personal e-mail in the course of a domestic dispute, the South Carolina Supreme Court has ruled in reinstating a summary judgment.
New Calif. privacy laws to protect social media users 
Published: October 16, 2012
Tags: email, passwords, privacy, social media, technology
California employers will be prohibited from demanding email or social media account passwords from employees and job seekers under a bill signed into law by Gov. Edmund G. Brown Jr.
Divorce lawyer sued for illegal electronic surveillance 
Published: October 4, 2012
Tags: divorce, Electronic Communications Privacy Act, ethics, legal malpractice, Legal Malpractice Monitor, privacy, surveillance, wiretap
An Ohio lawyer is being sued in federal court for allegedly conspiring to use evidence acquired through illegal electronic surveillance to win her client’s divorce case.
