THE DOUBLE EDGED SWORD: ELECTRONIC HEALTH RECORDS AND DATA BREACHES

Author: Andrea Flaute, Associate Member, University of Cincinnati Law Review

The conflict between technology and privacy does not stop at the hospital door. The emergence of a technology driven society has created a desire and push to incorporate all parts of life into electronic format, including personal health records (PHR). Although the enactment of the Health Insurance and Portability Accountability Act[1] pre-dates the technology boom,[2] the privacy protections it contains compliment the electronic records provisions included in the Health Information Technology for Economic and Clinical Health Act.[3] Continue reading “THE DOUBLE EDGED SWORD: ELECTRONIC HEALTH RECORDS AND DATA BREACHES”

The FTC: Cyber Security Savior or Data Dictator?

Author: Leanthony Edwards Jr., Associate Member, University of Cincinnati Law Review

Throughout the past few years, data privacy and cybersecurity have become hot topics within the U.S. legal system and the media. Last year, prominent U.S. corporations like Sony and Home Depot suffered major data breaches that caused significant financial and reputational harm for both the companies and consumers. In response to the increase in massive data breaches, President Obama featured cyber security issues prominently in the State of the Union address.[1] Although getting data security on the national agenda was an important breakthrough, the U.S. may suffer in the near future as a result of Congress’s failure to allocate appropriate resources toward devising a legitimate data security strategy. With dubious legislative authority, the Federal Trade Commission (FTC) has ordained itself the regulatory authority responsible for policing data security policies within the United States. This article highlights two lawsuits brought by the FTC that depict this most recent power grab and illustrate why the FTC’s assumption of this data security role is troublesome.

Continue reading “The FTC: Cyber Security Savior or Data Dictator?”