The FTC held an historic open FTC Commission meeting, during which the Chair and Commissioners conducted their business openly and also provided an opportunity for public comments. The World Privacy Forum was selected to provide a public comment, which focused on the need to update the Health Breach Notification Rule.
WPF filed comments today with the Department of Health and Human Services regarding an important Notice of Proposed Rulemaking that, if adopted, will bring substantial changes to patients’ electronic health records and how they are managed, among other issues. In general, we found much to support in the NPRM. However, there are sections of the
The COVID-19 pandemic strained the U.S. health ecosystem in numerous ways, including putting pressure on the HIPAA privacy and security rules. The Department of Health and Human Services adjusted the privacy and security rules for the pandemic through the use of statutory and administrative HIPAA waivers. While some of the adjustments are appropriate for the emergency circumstances, there are also some meaningful and potentially unwelcome privacy and security consequences. At an appropriate time, the use of HIPAA waivers as a response to health care emergencies needs a thorough review. This report sets out the facts, identifies the issues, and proposes a roadmap for change.
WPF Executive Director Pam Dixon will be presenting at an OECD and Global Privacy Assembly workshop on the risks, challenges, and potential solutions regarding the intersection of COVID-19 and the uses of identity in a global public health crisis. Event details: COVID-19 and privacy virtual Workshop on “The road to recovery: Lessons learned and challenges ahead”, hosted
This statement discusses a 72-hour “statutory waiver” of 5 basic HIPAA rights (including the right to confidential communications). The waiver is triggered by the Secretary of HHS and applies for a 72-hour period beginning upon implementation of a hospital disaster protocol. This statement discusses this waiver, what it is, what is means, who is impacted, and our recommendations.