Guidance is Released for HITECH Act Implementation

The FTC has released a proposed breach notification rule in connection with personal health records, as part of its obligations under the new privacy provisions of the HITECH Act.

In addition, HHS has issued proposed regulations and request for comments on the HITECH Act. The HHS document addressed the meaning of “unsecured” in connection with the breach notification requirements under the HITECH Act.  Essentially, the categories of “secured” information involve encryption and “destroyed” information. In the document, HHS also seeks comments on several significant issues related to the new breach notification requirements.

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  Jacqueline Klosek, Senior Counsel in the Business Law Department of Goodwin Procter LLP, is a frequent author and commentator on data privacy and security. You can email her at jacquelineklosek@gmail.com

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