"Fiduciary Issues and Data Privacy," Moderator, Health and Welfare Benefit Plans National Institute, October 2015.

As employers and third party administrators store more information electronically, protecting the privacy of employee participants’ personal information has become more challenging. Breaches of data privacy fill the headlines, but no one ever really discusses the complexity of the issues faced by employers in managing such breaches. This panel will address privacy and data security issues relevant to ERISA fiduciaries, including obligations to respond and investigate a data breach, duties to notify under HIPAA and related state data breach notification laws, the practicalities of responding to employee concerns and data privacy considerations when selecting and contracting with vendors.

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