On October 25, 2023, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the Department of Health and Human Services (“HHS”) released a cybersecurity toolkit containing resources and information that organizations in the healthcare and public health (HPH) sector can utilize to reduce their cyber risk.
Healthcare
Health Data: European Commission Proposes New Rules on Access and Use
The European Commission’s proposal to establish a European Health Data Space (“EHDS”) aims to improve access by individuals to their health data (primary use) and facilitate the re-use of health data for societal good across the European Union (secondary use).
While the draft EHDS regulation might easily get lost in an alphabet of…
HIPAA Privacy Concerns Post-Dobbs
The United States Supreme Court recently issued its decision in Dobbs v. Jackson Women’s Health Org., ––– U.S. –––, 2022 WL 2276808 (2022), overturning Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). In holding that the U.S. Constitution does not protect…
COVID-19 Tracing App Released in Germany
On 16 June 2020, the “Corona-Warn-App” (“the App”) was released by the Federal German government. The tracing App, which uses Bluetooth technology, records which smartphones have come close to each other. If a user has tested positive and has shared this in the App, it will subsequently notify other users that they have been near…
Data Ownership and Contact Tracing
Who owns the data about individuals collected by the UK Government, NHS, academics and private companies in context of the COVID-19 pandemic such as data from contact tracing apps?
Legal framework
In the UK, there is no comprehensive framework to determine ownership of data, which is not generally understood to be property1.…
NHS Launches Contact Tracing App to Combat COVID-19
As we have previously reported, NHSX, the innovation arm of the NHS, has been working on a Bluetooth-based contact tracing app to help slow the spread of the coronavirus. The app called NHS COVID-19 has been launched this week for a trial at the Isle of Wight and is currently only available to NHS…
“Data Protection Rules (Such as the GDPR) Do Not Hinder Measures Taken in the Fight Against the COVID-19 Pandemic”: Is This the Only Sentence You Need to Note in the European Data Protection Board Guidelines on the Processing of Health Data for the Purpose of Scientific Research?
Scientific research has probably never played a more central, time-sensitive role in our society than during the COVID-19 pandemic. Researchers are being pressed to produce results as quickly as possible. And processing health-related data is a key element of this research—which raises significant questions on how to reconcile privacy and public safety. News articles, LinkedIn…
Privacy Implications of COVID-19 Contact Tracing Apps in the UK
Governments and public health authorities around the world have been working to find a solution to the question as to how to ease lockdown restrictions which have been introduced to slow the spread of the COVID-19 pandemic without overburdening their health systems.
Some governments have been thinking about or have already been gradually lifting lockdown…
COVID-19 – Advice for Pension Trustees – Force Majeure in Outsourcing/Third Party Contracts and Data Protection: Legal Rights and Practical Steps
COVID-19 has spread rapidly across the globe, bringing with it devastating consequences for the communities that it has touched. As well as the very real human impact of the virus, many businesses have experienced severe difficulties, as a result of the economic downturn and issues with the global supply chain. Pension schemes face their own…
COVID-19 UK Emergency Legislation
The UK Government introduced emergency legislation on 19 March 2020 to strengthen the UK’s response to the COVID-19 situation by way of the Coronavirus Bill (the “Bill”).
The new powers under the Bill are “temporary” (– effective for a period of two years). However, it should be noted that this period can be…