PRIVACY

In this constitutional challenge to the 2013 amendments to sections 766.106 and 766.1065 of the Florida Statutes requiring claimants in a medical malpractice claim to disclose certain protected health information (PHI) and to consent to secret, ex parte interviews between health providers and defendant , the Florida Supreme Court held that the requirements were unconstitutional and that the right of privacy is not lost at death. The ruling concerned a medical malpractice claim brought by a Read more [...]

On October 16, 2017, the U.S. Supreme Court accepted the U.S. government’s request to review a previous appeals court ruling in favor of Microsoft, preserving service providers from surrendering information stored abroad. The U.S.’s highest court had to decide if companies have a right to refuse to comply with data disclosure demands made by the US government. Specifically, the Supreme Court had to decide “whether a United States provider of email services must comply with a probable-cause-based Read more [...]

On July 21, 2017, New Jersey adopted the “Personal Information and Privacy Protection Act.” According to the law, retailers may scan an ID card only under certain circumstances. By “scanning” the law means to access the barcode or any other machine-readable section of the card “with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on the identification card.” The Act provides a list of allowed purposes, which include: (1) Read more [...]