Erin Dunlap

Practice Areas

- Health Care Law

- Data Privacy & Security

Career

Erin Dunlap is an attorney with Coppersmith Brockelman, PLC in Phoenix, Arizona. As a former litigator who successfully represented clients in federal and state courts and before arbitrators, government agencies and licensing boards, Erin is particularly well-equipped to lead clients through privacy and security-related investigations. She regularly works with the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), state Attorneys General and state agencies in resolving privacy and security-related investigations (without penalty or payment) following data breaches, patient complaints and whistleblower claims. Erin also regularly advises clients working in the health care industry on data privacy and security matters and compliance with HIPAA, 42 CFR Part 2, patient access laws, the ONC’s Information Blocking Rule; and state consumer data privacy and breach notification laws.

Professional Memberships

- Member, American Health Law Association (AHLA) (2011 – present)

- Member, Health Care Information and Technology Practice Group, AHLA

- Member, Privacy and Security Compliance and Enforcement Affinity Group, AHLA

Publications

- Co-author (with Kristen Rosati), “OCR ‘Clarifies’ its Guidance on Online Tracking. Not Quite,” Coppersmith Briefs (April 2, 2024)

- Author, “Data Privacy: Change Is Coming,” InBusiness Magazine (February 2023)

- Commenter, “What the American Data Privacy and Protection Act means for Arizona Businesses,” AZ Big Media (Sept. 14, 2022)

- Commenter, “HIPAA Safe Harbor Offers Limited But Important Protection,” Healthcare Risk Management (March 1, 2022)

- Commenter, “HIPAA Changes Coming in 2022 Might Require Policy Revisions,” Healthcare Risk Management (Dec. 1, 2021)

- Commenter, “Lessons Learned from Overturned $4.3 Million HIPAA Penalty,” Healthcare Risk Management (March 1, 2021)

- Co-author (with Kristen Rosati and Melissa Soliz), “Proposed Changes to the HIPAA Privacy Rule: The Good, The Bad and The Ugly — an Operational Perspective,” Coppersmith Briefs (Jan. 26, 2021)

- Co-author (with Melissa Soliz), “COVID-19 TCPA Emergency Exception for Robocalls and Texts from Health Care Providers and Government Officials,” Coppersmith Briefs (April 16, 2020)

- Co-author (with Melissa Soliz), “OCR Waives HIPAA BAA Requirements to Participate in Public Health and Health Oversight Activities,” Coppersmith Briefs (April 2, 2020)

- Co-author (with Kristen Rosati and Melissa Soliz), “Communicating with First Responders about Patient COVID-19 Status,” Coppersmith Briefs (March 31, 2020)

- Co-author (with Kristen Rosati and Melissa Soliz), “Communicating with Health Care Employees about Patient COVID-19 Status,” Coppersmith Briefs (March 30, 2020)

- Commenter, “Ongoing Noncompliance Leads to Serious Settlement for Small Clinic,” Hospital Access Management (Dec. 1, 2020)

- Co-presenter, “Tips for Social Media Use by Health Care Workers,” Orthopaedic Trauma Association Webinar (February 2019)

- Co-presenter, “HIPAA Basics; Privacy and Data Breach Reporting Laws,” State Bar of Arizona Continuing Legal Education (CLE) Seminar (September 2018)

- Co-presenter, “Substance Use Treatment: Revised Part 2 Regulations Compliance,” Strafford Webinar (Oct. 24, 2017)

- Co-author, “The Power of a Transparent and Broad Privacy Policy,” Polsinelli on Privacy, Privacy and Data Security Blog (May 2017)

- Co-author, “Recent Enforcement Action: Business Associates Not Off the Hook for HIPAA Violations,” Polsinelli PC, Health Care E-Alert (July 2016)

- Commenter, “Disclosure Management in a Risky World,” For the Record Magazine, Vol. 28, No. 4, P. 22 (April 2016)

- Co-author, “Data Privacy and Security Update, 2016 Health Law and Compliance Update,” Wolters Kluwer (2016)

- Co-author, “Don’t Fumble Your HIPAA Obligations: Ensure Your HIPAA Playbook Implements Appropriate Protections for Patients,” Polsinelli PC, Health Care E-Alert (July 2015)

Awards