by Ann F. Triebsch
As observers of data security enforcement are aware, the Federal Trade Commission (FTC) determined on January 16, 2014, that even entities that are already subject to the privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA) are also subject to FTC jurisdiction and enforcement powers for data security breaches. In the LabMD decision, the FTC denied the motion to dismiss sought by LabMD in the administrative case against it, which was formally filed in August, 2013. This outcome, though anticipated, has stirred up plenty of discussion, including about how to know whether or not you’re storing data in a way that satisfies the FTC, and what happens if you’re not. For entities that are subject to HIPAA and have been following the HIPAA Security Rule regulations, is this enough? Should they be doing more to also demonstrate compliance to the FTC? Continue reading