AGENDA

Opening Remarks

Timothy Robinson, Senior Policy & Legal Counsel, Office of Congressman Bobby L. Rush

Jessica Rich, Deputy Director, Bureau of Consumer Protection, Federal Trade Commission

Three substantive sessions:

I.          Is the Doctor in?: Health Privacy and Data Security Issues - The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was one of the country’s first federal privacy laws and impacts more than just  "covered entities" such as health care providers and health insurance companies.  The Health Information Technology for Economic and Clinical Health Act (HITECH Act), which was enacted as part of the American Recovery and Reinvestment Act of 2009 to promote the adoption and meaningful use of health information technology, imposes privacy obligations on vendors and service providers to  these “covered entities,” including a wide range of communications companies engaged in new business ventures involving digital health care records and new health care products.  This panel will discuss new developments and emerging issues related to covered entities and business associates as well as other entities who may soon be regulated for their work in the health care industry.  We'll also explore issues for media companies that engage in news gathering and reporting about an individual’s physical or mental health status, and developing regulations for the burgeoning field of consumer personal health records.  Panelists also will address new regulations in this area and some recent (and substantial) enforcement actions under HIPAA and the HITECH Act.

                     Moderator:

                     Kirk J. Nahra, CIPP, Partner, Wiley Rein LLP
                    

Panelists:

                     Deven McGraw, Director, Health Privacy Project, Center for Democracy and Technology

                             Ann Waldo, CIPP, Partner, Wittie Letsche & Waldo, LLP

           Representative, U.S. Dept. of Health and Human Services (invited)

II.       The Nuts and Bolts of Online Behavioral Advertising and FTC's Do Not Track Proposal - The Internet allows greater interactivity between consumers and online entities, which has provided many consumer benefits, such as free content and applications and more personalized services.  The increasing ability of companies to collect and combine consumer information has also raised concerns about consumer privacy.  In particular, the FTC has examined online behavioral advertising – tracking a person's online activities to deliver advertising tailored to that person's interests – and issued suggested self-regulatory principles in 2009.  Industry responded by undertaking self-regulatory efforts, which the FTC recently criticized as insufficient.  The FTC has instead endorsed the creation of a Do Not Track mechanism that would provide consumers a more uniform and comprehensive choice about online behavioral advertising.  This panel will discuss how behavioral advertising works, its benefits and risks, and the advisability and feasibility of a Do Not Track mechanism. 

                     Moderator:

                     Maureen Ohlhausen, Partner, Wilkinson Barker Knauer, LLP

                     Panelists:

                     Genie Barton, Director, Online Interest-Based Advertising Accountability, Council of Better Business Bureaus, Inc.

                     Daniel Castro, Senior Analyst, Information Technology and Innovation Foundation

                     Katie Ratte, Attorney, Division of Privacy & Identity Protection, FTC

                     Linda A. Woolley, Executive V.P., Government Affairs, Direct Marketing Association

III.    Working 9-5: Privacy and Data Security Issues for Employers - Much has been made about the protection of consumer privacy.  However, any company that has employees is also subject to some of the same privacy laws that apply to consumers, in addition to various federal and state laws that regulate the collection of social security numbers and other sensitive or personally identifiable information from employees.  Employers are also subject to increased legal liability for an employee’s use of social networking services, texting, or emails on or off the job.  Learn about an employer’s obligations for the collection and protection of an employee’s personally identifiable information, the potential legal liabilities and best practices for monitoring employee email and wireless communications using company equipment or personal equipment authorized for business use, and issues related to an employee’s or job applicant’s participation in social networking sites and activities.

                             Moderator:

                             S. Jenell Trigg, CIPP, Partner, Lerman Senter PLLC

                             Panelists:

                             John Heitmann, CIPP, Partner, Kelley Drye & Warren LLP

                             Timothy Jucovy, Associate Counsel, The Washington Post

                             Sophie Keefer, CIPP, Associate, Willkie Farr & Gallagher LLP

                             Shane M. McGee, Partner, SNR Denton

For details contact Symposium Co-Chairs S. Jenell Trigg with Lerman Senter at strigg@lermansenter.com or Maureen Ohlhausen with Wilkinson Barker Knauer at mohlhausen@wbklaw.com.