The Becerra Case: Implications for Tracking Technologies and HIPAA (PrivacyCafé, Episode 7)
In this episode of PrivacyCafé, hosts Jade Davis and Rich Sheinis delve into the Becerra case, which challenges the HHS guidance on the usage of tracking technologies by medical providers. Rich explains the background of the case and its significance, highlighting the legal complexities surrounding HIPAA and data privacy. Key topics include the implications of using cookies, the American Hospital Association’s lawsuit against HHS, and Judge Mark Pittman’s critical ruling that rebukes HHS’s position. The episode provides practical advice for hospitals on using tracking technologies responsibly and discusses the potential impact on ongoing and future class action lawsuits. The conversation concludes with actionable tips for medical providers to ensure compliance with data privacy regulations.
The U.S. Federal Court decision in American Hospital Association v. Becerra, referenced in this episode, can be found by following this link.
PrivacyCafé is underwritten and presented by Hall Booth Smith. The show is produced by John Ray and the North Fulton studio of Business RadioX®.
Topics Discussed in this Episode
00:00 Introduction to PrivacyCafé
00:29 Overview of the Becerra Case
01:19 HHS Guidance and Tracking Technologies
03:39 Legal Implications and Class Action Lawsuits
07:33 The Becerra Decision and Its Impact
12:28 Judge Mark Pittman’s Strong Language
19:43 Best Practices for Using Tracking Technologies
21:51 Conclusion and Final Thoughts
About PrivacyCafé
PrivacyCafé is your essential guide through the complex terrain where law, data privacy, cybersecurity, and artificial intelligence intersect. Hosts Richard Sheinis and Jade Davis, Co-Leads and Partners in the Data Privacy and Cybersecurity Practice at Hall Booth Smith, unravel the intricacies of privacy laws, offer insights on cybersecurity issues and concerns, explore fast-moving artificial intelligence technologies and their implications, and interview top experts. Underwritten by Hall Booth Smith, this podcast is essential listening not only for data privacy and cybersecurity experts but for business owners, executives, and others interested in the latest insights on these topics.
Richard and Jade welcome your questions, feedback, and topic requests. Email them: PrivacyCafe@hallboothsmith.com. You will also find other news and insights from Richard and Jade, as well as other professionals in the Data Privacy & Cybersecurity practice at Hall Booth Smith, by visiting the Data Privacy & Cybersecurity page.
PrivacyCafé is underwritten and presented by Hall Booth Smith. The show is produced by John Ray and the North Fulton studio of Business RadioX®.
Richard Sheinis, Partner, Hall Booth Smith
Richard Sheinis has litigated in federal and state courts for 37 years and has been the first chair for approximately 175 jury trials. His clients have included health care professionals and institutions, technology companies, and global business entities.
Rich takes advantage of his litigation background to work with businesses in the areas of data privacy and cybersecurity, employment, and technology. He works with a wide variety of companies, from small technology businesses to publicly traded companies with a global footprint.
Rich also teaches Health Information Privacy and Security as an adjunct professor at the University of North Carolina at Charlotte.
Jade Davis, Partner, Hall Booth Smith
Jade Davis is a Partner at Hall Booth Smith who focuses her practice on data privacy, cybersecurity, artificial intelligence, and construction technology.
Jade provides strategic privacy and cyber-preparedness compliance advice and defends, counsels, and represents companies on privacy, global data security compliance, data breaches, and investigations. Jade advises companies on best practices in privacy, artificial intelligence, cybersecurity, data, mobile, cloud storage, Ad Tech privacy, Internet of Things, and other areas of regulatory compliance.
She leads companies in legal assessments of data security and provides counsel to companies on how best to implement strategies to lead with data and avoid pitfalls. She helps companies strategically think about data while being mindful of global data protection laws, such as the GDPR, UK GDPR, PIPEDA, PDPA, PIPL, LGPD, nFADP, DPDP, CCPA, HITECH, and HIPAA, to name a few.
Jade enjoys helping clients deal with crisis management issues to protect the brand and leads forensic investigations. Her data privacy/cyber security practice reaches into a variety of sectors such as Healthcare, Manufacturing, Hospitality, Construction, Technology, Marketing, Agriculture, Retail, Entertainment, Telecommunications, Energy, Transportation, Logistics, Human Resources, Real Estate, and Insurance to provide litigation defense, advisory assistance, and contractual expertise regarding data privacy agreements, standard contract clauses and addenda, vendor subcontracts, privacy policies, and cookie policies, among others.
About Hall Booth Smith, P.C.
Established in 1989, Hall Booth Smith, P.C. (HBS) is a full-service law firm headquartered in Atlanta, Georgia, with regional offices strategically located throughout Georgia and the United States. Experienced across a wide range of legal disciplines, HBS prides itself on providing knowledgeable, proactive, client-specific counsel to individuals, domestic and international corporations, state and federal agencies, and nonprofit organizations.
HBS possesses the legal knowledge, skill, and experience to meet their clients’ needs wherever they do business. HBS maintains the highest commitment to ethically and professionally serve their clients by providing the highest quality legal representation.
They deliver quality legal services in a variety of service areas. Experience across legal disciplines combined with a focus on the unique business or personal requirements of the client is the hallmark of the firm. Their clients receive the attention, expertise, and cost-effectiveness of a smaller law firm with the full-service and strong regional presence typical of a larger one.
Disclaimer
PrivacyCafé is a production brought to you by Hall Booth Smith, P.C. This podcast is published for the purposes of providing general information and education on topics which include those related to the law and legal issues, but the contents of the podcast do not constitute legal advice. Listening to this podcast or utilizing the information contained in it in any way does not constitute nor does it create an attorney-client relationship between you and Hall Booth Smith or its lawyers. The contents of this podcast should not be used as a substitute for competent legal advice from a professional attorney licensed in your jurisdiction.
