David Quinn Gacioch

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  Dave Gacioch counsels clients across the health care industry and beyond on compliance and risk management issues. He also assists clients in conducting internal investigations and represents them in matters involving government investigations, enforcement actions and civil litigation. Read David Gacioch's full bio.

The Continuing Disconnect between the Health Care Industry and OCR on HIPAA’s Risk Analysis Requirement


By , and on May 6, 2018
Posted In Cybersecurity, Data Privacy, Telehealth

Lack of a sufficient risk analysis continues to be one of the most commonly alleged violations in Office for Civil Rights (OCR) HIPAA enforcement actions, appearing in half of all OCR settlements announced in the last 12 months and in almost all of the $1 million-plus settlements during that time period. Significant confusion remains across...

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With No Federal Law in Sight, States Continue to Refine Their Own Data Privacy Laws


By on Jul 21, 2015
Posted In Consumer Protection, Cybersecurity, Data Privacy, General Interest

With no Congressional consensus to adopt a federal data privacy and breach notification statute, states are updating and refining their already-existing laws to enact more stringent requirements for companies.  Two states recently passed updated data privacy laws with significant changes. Rhode Island The Rhode Island Identity Theft Protection Act (Rhode Island Data Law), an update...

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Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy


By on Jul 2, 2014
Posted In Data Privacy, General Interest

The Supreme Court of the United States’ recent decision prohibiting warrantless mobile phone searches incident to arrest underscores unique privacy concerns raised by modern technology. The decision has an immediate impact on an individual’s rights under the Fourth Amendment, and may also have an impact on evolving areas of white collar and employment law. Read...

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Take Action to Stop the Bleeding: Follow These Steps


By and on Apr 14, 2014
Posted In Consumer Protection, Cybersecurity, Data Privacy, General Interest

“Heartbleed” has been all over the news, and companies have been scrambling to respond.  What sounds like a nasty medical condition is actually a recently discovered flaw in popular encryption software called OpenSSL.  It has been widely reported in the news outlets that approximately 60 percent of all web servers use OpenSSL.  According to the Federal...

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In with the New, Part III: 2014 Privacy, Advertising and Digital Media Predictions


By on Jan 31, 2014
Posted In Advertising & Marketing, Consumer Protection, Cybersecurity, Data Privacy, Email/Spam, Social Media, Text Messaging

Boston-based litigation partner Matt Turnell shares his predictions about class action litigation under the Telephone Consumer Protection Act (TCPA) and Electronic Communications Privacy Act (ECPA) in 2014 and Boston-based white-collar criminal defense and government investigations partner David Gacioch shares his predictions about government responses to data breaches. Class Action Litigation Predictions 2014 is already shaping...

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Data Privacy Day 2014


By , and on Jan 29, 2014
Posted In Advertising & Marketing, Consumer Protection, Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield, Electronic Contracting, Mobile Apps, Social Media, Text Messaging

In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What’s to Come in 2014” for participants in an IAPP KnowledgeNet.  Our panel of speakers discussed significant U.S. data privacy and protection events from 2013 and shared thoughts about what’s ahead for...

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