BC Advantage - 2023 Issue 5

The Significance of Not Obtaining Patient/Consumer Consent Before Poaching Data

On May 23, 2016, the Federal Trade Commission (FTC) announced that it approved a final order with Henry Schein Practice Solutions, Inc. (HS) to resolve allegations that HS falsely advertised the level of encryption it provided to protect patient data. The consent order requires HS to pay $250,000 and prohibits it from "misleading customers about the extent to which its products use industry-standard encryption or the extent to which its products help ensure regulatory compliance or protect consumers' personal information."Fast forward to 2022. On March 8, 2022, the U.S. Department of Justice (DOJ) announced its first...

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