A healthcare provider delivering pain management services in Florida and other states faces a $1.19 million civil monetary penalty from the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR). The OCR investigation stems from a data breach, but not the type of breach we are used to seeing in
Workplace Privacy, Data Management & Security Report
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Tips for Vacation Rental, Property Mgmt. Businesses Facing Vendor Cybersecurity Risk
No organization can eliminate data breach risks altogether, regardless of industry, size, or even if the organization has taken significant steps to safeguard their systems and train employees to avoid phishing attacks. Perhaps the most significant reason these risks remain: third-party service providers or vendors.
For most businesses, particularly small to medium-sized businesses, service providers…
Litigation Under Wiretap Law and What Website Owners Need to Know
Massachusetts’ highest court recently issued an opinion that delves into the complex intersection of privacy law and modern technology. The case centers around whether the collection and transmission of users’ web browsing activities to third parties without their consent constitutes a violation of the Massachusetts Wiretap Act.
However, the claim is not unique to Massachusetts.…
California Privacy Protection Agency Advances Rulemaking on AI and Cybersecurity Audits
On November 8, 2024, the California Privacy Protection Agency (CPPA) voted to proceed with formal rulemaking regarding artificial intelligence (AI) and cybersecurity audits. This comes on the heels of the California Civil Rights Department moving forward with its own regulations about AI.
The current version of the proposed regulations covers several areas:
…
Automated Decision Making Changes Coming to California’s FEHA Regulations
The California Civil Rights Council published its most recent version proposed revisions to Fair Employment and Housing Act (FEHA) regulations that include automated decision-making and extended the comment period to 30 days. You can read more about the proposed revisions here from Jackson Lewis Attorneys Sayaka Karitani and Robert Yang.
California Passes Legislation Protecting Performers’ Digital Rights
Governor Newsom recently signed two significant bills focused on protecting digital likeness rights: Assembly Bill (AB)1836 and Assembly Bill (AB) 2602. These legislative measures aim to address the complex issues surrounding the commercial use of an individual’s digital rights and establish guidelines for responsible AI use in the digital age.
California AB 1836 addresses…
California Seeks to Have Consistent Definition of Artificial Intelligence
Artificial Intelligence (AI) has created numerous opportunities for growth and economic development throughout California. However, the unregulated use of AI can lead to a Pandora’s Box of undesirable consequences. A regulatory framework that leads to inconsistent results likely will lead to other problems. Acknowledging this, the most recent California legislature included a bevy of bills…
Key Takeaways for Healthcare Providers Following HHS OCR’s Most Recent Ransomware Investigation
Announcing its fourth ransomware cybersecurity investigation and settlement, the Office for Civil Rights (OCR) also observed there has been a 264% increase in large ransomware breaches since 2018.
Here, the OCR reached an agreement with a medium-size private healthcare provider following a ransomware attack relating to potential violations of the HIPAA Security Rule.…
Investigation of AI Training by Australian Radiology Provider Provides Important Reminder for U.S. Healthcare Providers
If there is one thing artificial intelligence (AI) systems need is data and lots of it as training AI is essential for achieving success for a given use case. A recent investigation by Australia’s privacy regulator into the country’s largest medical imaging provider, I-MED Radiology Network, illustrates concerns about the use of medical data to…
California Establishes AI Transparency Act
According to the California legislature, audio recordings, video recordings, and still images can be compelling evidence of the truth. However, the proliferation of Artificial Intelligence (AI), specifically, generative AI, has made it drastically easier to create fake content that is almost impossible to distinguish from authentic content. To address this concern, California’s Governor signed Senate…