HIPAA consistently falls behind health and wellness technology, jeopardizing individuals’ data privacy. Limited by its antecedents and its own genesis, the Health Insurance Portability and Accountability Act (HIPAA) has spent a quarter-century playing catch-up with technologies that intersect with health care and wellness. Prior to the mislabeled HIPAA privacy rule, the common law required confidentiality of health care data. Confidentiality is not privacy; it protects only the disclosure of data, not its collection. In the middle of the 20th century the common law of confidentiality took the stage, not due to some nascent sense that personal health data deserved … Read more