In Law360, Healthcare Attorneys Unpack Guidance in Report on Cybersecurity of Genomic Data

In a Law360 article, health care partners Christine Moundas and David Peloquin and health care associate Elana Bengualid analyzed the final internal report published by the National Institute of Standards and Technology (NIST) National Cybersecurity Center of Excellence.

The report highlights the specific privacy and cybersecurity concerns associated with the use of genomic data and, based on input from industry genomic stakeholders, government and academia, identifies significant gaps in current policy, regulations, legislation and guidance, as well as technology, for protecting genomic data.

The NIST report proposes potential solutions to identified gaps and areas for further research. In this way, the report aims to assist organizations in protecting against misuse of genomic data and enabling secure collaborative innovations.

The authors note many entities that conduct research using genomic data or that utilize such data for certain secondary purposes are not regulated by HIPAA, and because state laws are quite varied and typically focus on the privacy and not security of genomic data, to the extent the report's suggestions are implemented, it will provide a helpful model for the industry.