Laws
Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act (HIPAA) is a U.S. law passed in 1996 that protects the privacy and security of patients’ health information. It sets national standards to ensure that medical records and other personal health information (PHI) are properly protected, while still allowing the flow of health information needed to provide high-quality care. HIPAA includes several key rules: the Privacy Rule, which gives patients rights over their health data and limits how it can be shared; the Security Rule, which requires safeguards to protect electronic health information (ePHI); and the Breach Notification Rule, which mandates that individuals be notified if their health data is exposed or stolen.
HIPAA applies to healthcare providers, health plans, and business associates who handle patient information, such as billing companies or IT contractors. Violations of HIPAA can result in serious consequences, including fines of up to $50,000 per violation and criminal charges for intentional misuse of protected health information.
Gramm-Leach-Bliley Act (GLB)
The Gramm-Leach-Bliley Act (GLB), also known as the Financial Services Modernization Act of 1999, is a U.S. law that requires financial institutions to protect the privacy of consumers’ personal financial information. It includes three main rules: the Financial Privacy Rule, which requires institutions to give customers clear privacy notices and explain how their data is shared; the Safeguards Rule, which mandates that companies develop security plans to protect customer data; and the Pretexting Rule, which prohibits using false pretenses to access private information. GLB applies to banks, insurance companies, and other financial service providers, and it helps ensure that consumers’ sensitive data is kept safe and secure.
Fair and Accurate Credit Transactions Act (FACTA)
The Fair and Accurate Credit Transactions Act (FACTA) requires businesses to properly destroy sensitive consumer information—such as credit reports and account details—to prevent identity theft.
Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. It gives parents (and eligible students over 18) the right to access, review, and request corrections to their records, and limits who schools can share those records with without written consent. FERPA applies to all schools that receive funding from the U.S. Department of Education. Schools can disclose certain “directory information” without consent unless parents opt out. Violations of FERPA can result in the loss of federal funding, rather than direct fines, although the Department of Education can take enforcement action for non-compliance.
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