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: Health Care Law BlogAdvocating The Need For A Federal Data Breach Disclosure Law
By Bob Coffield
Thanks to the HIPAA Blog for point out the article. I agree with Jeff Drummond's conclusion. After having analyzed overlapping and different state disclosure requirements as a part of assisting clients with data breach issue a federal approach is the direction we should go. (caveat: it should require total preemption - not partial preemption like HIPAA privacy).
A federal approach would help set a national industry standard that can be clearly understood, implemented and followed by those who regularly deal in data, health care or otherwise. The state-by-state patchwork of different laws that currently exist create a complexity that is not needed.
For more on the ongoing complexity issue check out California's recently revised law (AB1298) that recently took effect. AB1298 effective January 1, 2008, expands the coverage and protections to medical information and health insurance information under California's State Information Practices Act.
A clear and concise national approach would simplify compliance for those required to maintain and protect data, including health care providers maintaining health information. Customers and patients who expect their data to be maintained would also benefit by a simplified approach and uniform law that provides for a consistent level of breach notification and protection.
For more on state security breach notification legislation/laws check out the National Conference of State Legislatures website page "Breach of Information". Last updated in April 2007, it states "thirty-five states have enacted legislation requiring companies and/or state agencies to disclosure security breaches involving personal information." I suspect this number will increase after the 2008 legislative sessions around the country.
Also, NCSL provides a summary of data breach notification legislation introduced by year. For 2007, they list three bills introduced (but not passed) before the West Virginia Legislature:
WEST VIRGINIA
| WV H 2175 |
| ||||||||||||||||
| WV H 2263 |
| ||||||||||||||||
| WV H 2705 |
|
As a result of high profile cases like this one that occurred in West Virginia, we will again see activity this year in West Virginia.
Full post as published by Health Care Law Blog on January 17, 2008 (boomark / email).
Torts
Introduction to Torts
Privacy Protection Act 42 USC 21A
Federal Newsroom Law
Federal Adoption Tax Credit
Financial Incentive for Adoptive Parents
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Princeton Review
Sarasota Student Data Breach Prompts Class Action
Data Breach
USSearch.com to pay $250,000 settlement in information lawsuit.
Florida State Settles with Feds over Disclosure of Personal Driver Info
Florida State Settles with Feds over Disclosure of Personal Driver Info
T-mobile data plans, T-mobile, t-mobile phones
T-Mobile Faces Class Action over Limited Unlimited Data Plans
US Army Corps of Engineers
Class action dismissed for allegedly failing to protect New Orleans from the levee breach.
Security Breach
Check 'N Go to pay $220,000 settlement in personal information lawsuit.

Working Paper: Do Data Breach Disclosure Laws Reduce Identity Theft
Data Breach Notification Laws, State By State
TJ Maxx, Siesint settle federal data breach charges
No Limits, Just Full Disclosure
Data breach impacts 4.2 million accounts







