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The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues

On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the government agency and the new-defunct clinical lab.

What Happened?

It’s not easy to explain in a blog entry the complex backstory leading up to LabMD’s recent win, but here goes:

Over a thirteen year period (until it ceased business in 2014), LabMD operated a clinical laboratory that performed tests on patient specimen samples.  As part of its operations, LabMD had ...

Inadequate OCR Technology and Policy Result in Few Consequences for Repeat HIPAA Violators

The Office for Civil Rights within the U.S. Department of Health and Human Services (OCR) is the federal agency tasked with enforcing the Health Insurance Portability and Accountability Act (HIPAA). HIPAA, as most folks reading this know, requires health care providers and other covered entities to protect the privacy and security of an individual’s protected health information (PHI). OCR has broad enforcement authority and wide latitude in deciding how to handle complaints alleging violations of HIPAA’s privacy, security, and breach notification rules. OCR can resolve a ...

About Data Points: Privacy & Data Security Blog

The technology and regulatory landscape is rapidly changing, thus impacting the manner in which companies across all industries operate, specifically in the ways they collect, use and secure confidential data. Moore & Van Allen’s Privacy & Data Security Group recognizes the challenges clients face in the effort to stay abreast of such volatility. “Data Points” seeks to educate by providing transparent and cutting-edge insight on the most critical issues and dynamics. Our goal is to inform business decision-makers who are navigating these waters about the information they must protect, and what to do if/when security is breached. Read About Our Practice and Meet the MVA Privacy & Data Security Team.

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