Tracy Shapiro

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Overview

The U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) has announced proposed modifications to the Health Insurance Portability and Accountability Act (HIPAA) Security Rule (the Proposed Rule). The Proposed Rule was published in the Federal Register for comment on January 6, 2025. It aims to strengthen the security and privacy of electronic protected health information (ePHI) in response to the evolving threat landscape and emerging technological challenges. If finalized as proposed, the Proposed Rule will have significant implications for healthcare organizations, their business associates, and other entities subject to HIPAA compliance requirements (the “regulated entities”). This alert represents the first in a multipart series outlining the most pertinent of the proposed rules and the potential implications for regulated entities.Continue Reading HHS-OCR Announces Proposed Modifications to the HIPAA Security Rule

On November 8, 2024, the California Privacy Protection Agency (CPPA) Board met to discuss and vote on various proposed California Consumer Privacy Act (CCPA) regulations related to cybersecurity audits, automated decision-making technology (e.g., artificial intelligence (AI)), privacy risk assessments, and a wide assortment of other updates to existing CCPA regulations; data broker registration regulations; and the development of the Delete Request and Opt-Out Platform (DROP) required by the Delete Act. The CPPA Board also voted to approve settlements with two data brokers for allegedly failing to register and pay an annual fee as required by the Delete Act.Continue Reading California’s Privacy Regulatory Odyssey Continues: Formal CCPA Rulemaking on the Horizon Amidst Expanded Data Broker Requirements

On October 1, 2024, the Maryland Age-Appropriate Design Code (Maryland AADC) became effective. The Maryland AADC introduces onerous new compliance requirements on companies that are reasonably likely to be accessed by minors under the age of 18.Continue Reading Maryland Age-Appropriate Design Code Effective October 1, 2024

Public Comments Accepted Until November 7

On September 13, 2024, the Colorado Attorney General’s office (the Colorado Department of Law) proposed draft amendments (draft regulations) to its Colorado Privacy Act (CPA) regulations, which took effect…

Continue Reading Colorado Department of Law Proposes Amendments to the Colorado Privacy Act Regulations Regarding Biometric and Minors’ Data

On August 16, 2024, the U.S. Court of Appeals for the Ninth Circuit issued an opinion partially upholding—and partially vacating—the District Court for the Northern District of California’s preliminary injunction preventing the California Age-Appropriate Design Code Act (CAADCA or the Act) from going into effect. Specifically, the Ninth Circuit upheld the district court’s injunction related to Data Protection Impact Assessment (DPIA) provisions while the district court further considers whether the remaining portions of the law are likely to be severable or unconstitutional on their own. Although the Ninth Circuit’s decision has not yet gone into effect, businesses subject to the CCPA may soon find themselves on the hook for complying with many provisions in the CAADCA.Continue Reading Ninth Circuit Ruling Paves the Way for California Age-Appropriate Design Code to Partially Come into Effect

On June 18, 2024, the California Attorney General and the Los Angeles City Attorney (collectively, “the People”) announced a settlement with Tilting Point Media LLC (Tilting Point). The settlement resolves allegations that Tilting Point violated the Children’s Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and the Privacy Rights for California Minors in the Digital World Act (Digital Privacy for Minors Act).Continue Reading Video Game App Developer Agrees to Pay $500,000 for Children’s and Minors’ CCPA, COPPA, and Ads Violations