Some—Not All—Nonprofits Are Subject to HIPAA Requirements

All nonprofits should maintain confidentiality of medical information related to their employees, program participants, and volunteers. Is such information subject to “HIPAA?” For many organizations, the answer is no – HIPAA does not apply across the board to all medical information generally. But privacy concerns may nonetheless warrant protection of such sensitive information. Such protection may be acutely important amidst current COVID times, with individuals’ medical information the subject of intense interest to employers, government agencies, and others.

Nonprofit Holiday Highlights

The year 2021 is quickly winding up, and 2022 is just across the horizon! Our law firm’s attorneys and paralegals deeply value the honor and opportunity to assist so many amazing nonprofit organizations and their incredible leaders, and to help advance their compelling and worthwhile missions. Thank you for this opportunity to serve as trusted legal advisors providing client-focused solutions, creative approaches to advance clients’ interests, and vibrant community engagement to help the nonprofit sector flourish. As a parting gift for this year, we’d like to share some holiday cheer – and what better way than through providing links to some key W&O blog articles across our nonprofit practice groups? We hope the W&O blog will continue to be a valuable resource for you!

How China’s New Data Privacy Framework Affects U.S. Nonprofits

Nonprofits reaching Chinese donors, employees, contractors, newsletter and program service recipients, and other stakeholders face new legal challenges in the handling of such stakeholders’ personal information. Adopted on August 20, 2021, China’s Personal Information Protection Law (“PIPL”) became effective on November 1, 2021. This extraordinarily brief implementation period leaves for-profit and nonprofit entities alike scrambling to understand their compliance obligations under the new framework. As addressed below, nonprofits must comply with PIPL, and penalties for non-compliance may be hefty. Nonprofits with connections to China thus should assess their data handling practices, disclosure and notice efforts, including efforts related to consent requirements, individual control of personal information, and data audit functions to mitigate risks arising under the new framework.

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