Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Is Too Much Privacy Bad For Your Health? An Introduction To The Law, Ethics, And Hipaa Rule On Medical Privacy, Charity Scott Oct 2014

Is Too Much Privacy Bad For Your Health? An Introduction To The Law, Ethics, And Hipaa Rule On Medical Privacy, Charity Scott

Charity Scott

No abstract provided.


Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino May 2014

Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino

University of Richmond Law Review

No abstract provided.


The Compliance Case For Information Governance, Peter Sloan Jan 2014

The Compliance Case For Information Governance, Peter Sloan

Richmond Journal of Law & Technology

In an increasingly convoluted information environment, organizations strive to manage information-related risks and exposures, minimize information-related costs, and maximize information value. The inadequacy of traditional strategies for addressing information compliance, risk, and value is becoming clear, and so too is the need for a better, more holistic approach to governing the organization’s information.


The Reasonable Information Security Program, Peter Sloan Jan 2014

The Reasonable Information Security Program, Peter Sloan

Richmond Journal of Law & Technology

Our information inhabits a perilous world. Cyber theft, cyber extortion, mobile device loss, misappropriation of confidential business information, and unauthorized disclosures of protected information are real and present dangers for organizations of all sizes and across all industries.


Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander Jan 2014

Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander

Richmond Journal of Law & Technology

But as precedents survive like the clavicle in the cat, long after the use they once served is at an end, and the reason for them has been forgotten, the result of following them must often be failure and confusion from the merely logical point of view.


The Dark Cloud Of Convenience: How The New Hipaa Omnibus Rules Fail To Protect Electronic Personal Health Information, Joyce L.T. Chang Jan 2014

The Dark Cloud Of Convenience: How The New Hipaa Omnibus Rules Fail To Protect Electronic Personal Health Information, Joyce L.T. Chang

Loyola of Los Angeles Entertainment Law Review

The 2013 Omnibus Rules (Rules) update to the Health Insurance Portability and Accountability Act (HIPAA) aims to increase the privacy of patient health information (PHI). Although there are increases in monetary penalty fees, there are still two major areas of weakness. First, the Rules fail to address the role of cloud storage technology. Traditionally, PHI was physically stored on-site the medical offices. However, the trend of outsourcing PHI storage to cloud computing creates a huge risk of privacy breaches as currently there are no federal standards on the security of cloud computing. This failure jeopardizes PHI privacy and leaves the …


Enlightened Regulatory Capture, David Thaw Jan 2014

Enlightened Regulatory Capture, David Thaw

Articles

Regulatory capture generally evokes negative images of private interests exerting excessive influence on government action to advance their own agendas at the expense of the public interest. There are some cases, however, where this conventional wisdom is exactly backwards. This Article explores the first verifiable case, taken from healthcare cybersecurity, where regulatory capture enabled regulators to harness private expertise to advance exclusively public goals. Comparing this example to other attempts at harnessing industry expertise reveals a set of characteristics under which regulatory capture can be used in the public interest. These include: 1) legislatively-mandated adoption of recommendations by an advisory …