Thompson Hine Partner and Co-Chair of the Privacy and Cybersecurity practice group Steven G. Stransky and Counsel Marla M. Izbicky co-authored an article with Lauren Winchester, Risk Advisory SVP at Corvus Insurance. The article, “Adverse event reporting and preparing for the next wave of privacy litigation,” can be accessed in full here.
Washington state's My Health My Data Act (MHMDA) will soon enter into force, ushering in a new era of data privacy rights. Importantly, the MHMDA includes a private right of action that authorizes individuals to sue a company for damages based on a violation of any of its provisions, and without any mitigating cure periods and minimal procedural thresholds. Companies that maintain adverse event reporting (AER) programs will likely be prime litigation targets. An AER program generally refers to how individuals report adverse reactions or physical injuries they suffer when using a product or equipment. Collection of health data is often at the core of an AER program, and companies must now assess whether they are subject to the MHMDA. This new law will dramatically alter the risk profile of companies that maintain an AER program and they need to immediately implement compliance solutions to avoid costly litigation, regulatory action, and reputational damage.
The article was published by the International Association of Privacy Professionals, which is the largest nonprofit information privacy organization in the world.