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On June 18, 2025, the United States District Court for the Northern District of Texas vacated most of the rules designed to enhance reproductive healthcare privacy promulgated by the U.S. Department of Health and Human Services (HHS) in 2024. More specifically, the court ruled in Purl v. United States Department of Health and Human Services et al, No. 2:2024cv00228 (N.D. Tex. 2025) (the Decision) that the “Health Insurance Portability and Accountability Act Privacy Rule to Support Reproductive Health Care Privacy” (the “2024 HIPAA Rule”) is contrary to law because it unlawfully limits state public health laws; impermissibly redefines certain terms in contravention of federal law and in excess of statutory authority; and exceeds HHS’s authority. Regulations promulgated under HIPAA prior to the 2024 HIPAA Rule remain unchanged.Continue Reading Texas District Court Vacates 2024 HIPAA Rule Designed to Enhance Reproductive Healthcare Privacy, Effective Nationwide

On June 20, 2024, the United States District Court for the Northern District of Texas ordered the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) to vacate its guidance that had restricted HIPAA-covered entities’ use of third party online tracking technologies, such as common website advertising and analytics tools. In vacating the guidance, the court held that the agency exceeded its authority by redefining what is considered protected health information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). While this order is a defeat for OCR’s guidance on online tracking technologies, regulated companies should react cautiously. The order could be appealed and potentially reversed, OCR could still bring enforcement actions in other circuits advancing their interpretation of PHI, and the Federal Trade Commission’s (FTC’s) laws and state privacy laws could still apply.Continue Reading Texas District Court Vacates OCR’s HIPAA Bulletin on Online Tracking Technologies, But Issues Mixed Decision

New Requirements Include Identifying Specific Third Parties to Whom Businesses Disclose Data and Consent for Targeted Advertising to Teens

Texas, Oregon, and Delaware are the latest states to join the growing landscape of comprehensive data privacy laws, adding to the many state privacy laws that were passed this year.1 On June 18, 2023, Governor Greg Abbott signed the Texas Data Privacy and Security Act. On July 18, 2023, Governor Tina Kotek signed Oregon Senate Bill 619, referred to as the Oregon Consumer Privacy Act. Similarly, on June 30, 2023, the Delaware legislature passed the Delaware Personal Data Privacy Act. In doing so, Texas and Oregon officially became the 10th and 11th states, respectively, to enact a comprehensive privacy law. Assuming Governor John Carney also signs the Delaware Personal Data Privacy Act, his state would join as the 12th with that status. All three of the most recent laws are substantially similar to the prior state comprehensive consumer privacy laws, but they each include some key particularities that companies should be aware of as they plan their compliance strategies.Continue Reading Texas, Oregon, and Delaware Join the Comprehensive U.S. State Privacy Law Landscape

On June 13, 2023, Texas Governor Greg Abbott signed the Securing Children Online through Parental Empowerment Act (HB 18) (SCOPE Act). With this signing, Texas joins Utah and Arkansas in regulating social media and its impact on minors and their mental health.

The SCOPE Act requires covered “digital service providers” to provide minors with certain data protections, prevent minors from accessing harmful content, and give parents tools to manage their child’s use of the service. The Act also has age verification requirements for digital service providers that knowingly distribute a significant amount of “harmful” or “obscene” content.Continue Reading Texas Joins Other States in Enacting Social Media Law for Minors