NIST Seeks Public Comment on Developing a Privacy Framework

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The National Institute of Standards and Technology (NIST) published its request for information (RFI) covering a series of questions designed to assist in the development of a voluntary framework meant to improve the management of the privacy risk that could arise from the collection, storage and use of individuals’ information in the Federal Register on November 14, 2018.

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NTIA Seeks Comment on Federal Consumer Data Privacy Approach

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The Department of Commerce’s National Telecommunications and Information Administration (NTIA) issued a Notice seeking comments on a proposed federal consumer data privacy approach. In a parallel effort, the Commerce Department’s National Institute of Standards and Technology is developing a voluntary privacy framework to help organizations manage risk.

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Enough of the Patchwork: Tech Industry Group Calls for a National Privacy Framework

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The Internet Association (IA), a group of 40 major internet and technology firms, called for the establishment of a national privacy framework anchored by six privacy principles on Wednesday. In its press release announcing the principles, the IA indicated its support for the American approach to federal privacy legislation that is “consistent nationwide, proportional, flexible, and encourages companies to act as good stewards of the personal information provided to them by individuals.”

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Security Recommendations for Mobile Health Apps

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Expanded use of Electronic Health Records (EHRs) is an integral component of the ongoing modernization of the U.S. health care system through digitalization.  Among the anticipated advantages of using EHRs are improvements in patient care (e.g., through faster access to relevant information and consequently improved care coordination), increased patient engagement, as well as reduction of medical errors and cost savings. On the other hand, implementing EHRs in a sustainable and legally compliant way requires upfront investment in hardware, software, training, workflow restructuring, as well as management of risks unique to electronic records, such as vulnerability to malicious interference.  When EHRs are combined with mobile platforms, the cybersecurity risks multiply.  Addressing this latest challenge can be daunting, both for medical practices and EHR product providers.

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US FDA Approaches to Artificial Intelligence

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Artificial Intelligence (AI) can be employed in a health care setting for a variety of tasks, from managing electronic health records at a hospital, to market research at a benefits management organization, to optimizing manufacturing operations at a pharmaceutical company. The level of regulatory scrutiny of such systems depends on their intended use and associated risks.

In the U.S., for medical devices using AI, one of the key regulatory bodies is the Food and Drug Administration (FDA), especially its Center for Devices and Radiological Health (CDRH). CDRH has long followed a risk-based approach in its regulatory policies, and has officially recognized ISO Standard 14971 “Application of Risk Management to Medical Devices.” That standard is over 10 years old now, and therefore is currently undergoing revisions – some of which are meant to address challenges posed by AI and other digital tools that are flooding the medical-devices arena.

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Georgetown Law Center Releases Report on Biometric Face Scans at Airport Departure Gates

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The Georgetown Law Center for Privacy & Technology released a report that takes a harsh look at the Department of Homeland Security (DHS)’s “Biometric Exit” program.  The “Not Ready for Takeoff: Face Scans at Airport Departure Gates” report  highlights the myriad number of privacy and fairness issues associated with the use of biometric data for screening and other purposes.   The Biometric Air Exit program uses biometric data to verify travelers’ identities as they leave the U.S. and has been deployed at Boston’s Logan International Airport and eight other airports.  The program is operated by DHS and uses photographs of passengers taken at the gate while boarding to verify travelers’ identities as they leave the country.  Prior to departure of an outbound international flight, DHS prepopulates the Traveler Verification Service (TVS) with biometric templates from the travelers expected on the flight.  TVS either confirms the travelers face or rejects the face as a “non-match.”  Non-matched travelers credentials will then be checked manually.

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