February 17, 2020

February 17, 2020

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Data Privacy: What to Watch in 2020

January 28th marks Data Privacy Day which commemorates the signing of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.  This international treaty is the first of its kind to address privacy and data protection.

Strong privacy and cybersecurity safeguards are paramount to the success of companies and the consumers they serve.  These issues are so critical they took center stage at the annual Consumer Technology Association’s Consumer Electronics Show (CES) held earlier this month where tech companies of all sizes promoted their “privacy first” products and services.

Today we, Epstein Becker Green (EBG), are reminded about our commitment to support clients strengthen their privacy and cybersecurity programs.  EBG continues to help countless clients to navigate complex federal, state and international laws governing personally identifiable information (PII) and protected health information (PHI).

In that spirit of Data Privacy Day, we are sharing three key areas to watch in 2020:

  1. States are Aggressively Legislating around Privacy and Cybersecurity

Legislation at the state level is just beginning.  Leading the charge on January 1, 2020, the California Consumer Privacy Act (CCPA) went into effect.  Other landmark legislation including the New York Stop Hacks and Improve Electronic Data Security Act (SHIELD) Act and Nevada’s privacy bill (SB-220) are also in effect.  Many other states are actively considering legislation as well.  Specifically, we recommend watching Washington State’s efforts to pass the Washington Privacy Act (SB-6281).  We anticipate other states will model their legislation based on experiences with these early state laws.

  1. Federal Legislation is Needed to Fill Large Gaps in Privacy Regulation

Rapidly changing consumer sentiment about privacy coupled with aggressive state legislation is putting pressure on the U.S. Congress to pass an overarching privacy law to unify an otherwise fragmented privacy rules.  Nearly a dozen federal bills have already been proposed going into the 2020 Congressional year, with more expected to follow.  We recommend considering these possibility disruptive federal legislation efforts when updating privacy and cybersecurity programs moving forward.

  1. Privacy Laws are Increasingly Putting Consumers in Control of their Data

Trends in state and federal laws are increasingly empowering individuals with rights to transparency and control over how their data is collected, used and shared.  In particular, the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) appear poised to finalize proposed rules regarding the secure access, exchange, and use of electronic health information.  To be positioned for these changes, we recommend that entities take stock of what data they collect, where it is stored, and how to build mechanisms to respond to data exchange requests in a timely manner.

As we continue into 2020, remember that compliance in these areas is a marathon, not a sprint.  An ounce of prevention equals a pound of cure.

©2020 Epstein Becker & Green, P.C. All rights reserved.

TRENDING LEGAL ANALYSIS


About this Author

Alaap Shah Attorney Healthcare Life Sciences
Member

Alaap B. Shah is a Member of the Firm in the Health Care and Life Sciences practice, in the firm's Washington, DC, office.

Mr. Shah:

  • Advises clients on federal and state privacy and data security laws and regulations
  • Advises on cybersecurity and data breach matters
  • Advises clients on health care fraud and abuse matters and government investigations relating to health information technology
  • Counsels clients on digital health and data strategies and related compliance issues

His work focuses on defense and counseling...

202-861-5320
Patricia M. Wagner, Epstein becker green, health care, life sciences
Member

PATRICIA M. WAGNER is a Member of the Firm in the Health Care and Life Sciences and Litigation practices, in the firm's Washington, DC, office. In 2014, Ms. Wagner was selected to the Washington DC Super Lawyers list in the area of Health Care.

Ms. Wagner's experience includes the following:

Advising clients on a variety of matters related to federal and state antitrust issues 

Representing clients in antitrust matters in front of the Federal Trade Commission and the United States Department of Justice, and state antitrust authorities 

Advising clients on issues related HIPAA Privacy and security

Advising clients on issues related to state licensure and regulatory requirements

202-861-4182
Ebunola Aniyikaiye, Epstein Becker Law Firm, Washington DC, Health Care Law Attorney
Associate

Ebunola Aniyikaiye is an Associate in the Health Care and Life Sciences practice, in the Washington, DC, office of Epstein Becker Green. She will be focusing her practice on such areas as fraud and abuse, health care legislation and policy developments, value-based purchasing and accountable care, and government investigations. 

Ms. Aniyikaiye received her J.D., with a concentration in Health Law, from American University Washington College of Law (AUWCL), where she was an Articles Editor of the...

202-861-1815