Matt Fisher writes: The development of new technology in healthcare and the massive expansion in sources of healthcare data have both created many complications when it comes to protecting and securing sensitive information about individuals. Inevitably, the discussion then turns to the role of HIPAA, which then turns to HIPAA not meeting current needs. A recent…
Category: Laws
The Broad, Vague RESTRICT Act Is a Dangerous Substitute for Comprehensive Data Privacy Legislation
Jason Kelley and David Greene of EFF write: The recently introduced RESTRICT Act (S. 686, Sen. Warner and Sen. Thune) rightfully is causing a lot of concern. This bill is being called a “TikTok ban,” but it’s more complicated than that. As we wrote in our initial review of the bill, the RESTRICT Act would authorize…
Austrian Supervisory Authority Issues Decision on the Collection of Personal Data by Credit Referencing Agency
Dan Cooper and Anna Oberschelp de Meneses of Covington & Burling write: On March 24, 2023, the Austrian Supervisory Authority (“Austrian SA”) held that a credit referencing agency (“Agency”) breached the GDPR by unlawfully processing personal data obtained from a third party in order to process it to conduct credit assessments. It decided that the Agency breached…
Article: Murky Consent: An Approach to the Fictions of Consent in Privacy Law
On SSRN, this article by Daniel J. Solove: Abstract Consent plays a profound role in nearly all privacy laws. As Professor Heidi Hurd aptly said, consent works “moral magic” – it transforms things that would be illegal and immoral into lawful and legitimate activities. Regarding privacy, consent authorizes and legitimizes a wide range of data…