Archives: Data Protection

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ICYMI: PrivSec’s Weekly News Picks

Interactive Advertising Bureau Releases Technical Standard to Facilitate Disclosure and Consent in Digital Advertising

IAB Europe reported that it “presented a new technical standard to support the digital advertising ecosystem in meeting requirements relating to user consent under the General Data Protection Regulation (GDPR).”

 

Working Party 29 Releases Joint

ACA’s Nondiscrimination Taglines and Notices Require Updating Your Notice of Privacy Practices

There has been confusion as to whether the Affordable Care Act’s nondiscrimination provision (“ACA”) affects a covered entity’s notice of privacy practices (“NPP”) or data breach notifications. OCR has issued guidance indicating that ACA does indeed impact NPPs. Moreover, breach notifications also likely are affected. Accordingly, if they have not …

Employer-Sponsored Health Plan HIPAA Compliance Checklist

The administrative simplification provision of the Health Insurance Portability and Accountability Act and its implementing regulations (HIPAA) impose obligations on employer-sponsored group health plans. Given recent high-profile HIPAA enforcement actions, employers should understand their compliance obligations. This checklist is intended to assist plan sponsors with HIPAA compliance for their plans.…

Time To Update Your Privacy Statement For GDPR

Although the EU General Data Protection Regulation comes into force in May 2018, European regulators are still producing guidance and member states are still adopting legislation to accommodate national differences. Put simply, it is unclear how to prepare for the GDPR in relation to some issues. For other issues, however, …

Draft Cybersecurity Legislation Would Impose Substantial New Obligations on Vendors Selling Interconnected Devices to the U.S. Government

On Tuesday, August 1, 2017, a bipartisan group of four Senators from the Senate Cybersecurity Caucus introduced legislation designed to improve the cybersecurity of devices purchased by the U.S. government and – albeit indirectly – sold anywhere in the U.S. or the world.

The legislation – the “Internet of Things …

How to Use the GDPR as Your Competitive Advantage: Focus on the Carrot, Not the Stick

How to use the GDPR as Your Competitive Advantage: Focus on the Carrot, Not the Stick

Ample bandwidth has been eaten by panicky commentary over the fines possible under the EU’s upcoming General Data Protection Regulation (GDPR). Sure, the GDPR arms EU data protection authorities with a hefty compliance stick. …

The Chinese Government Issues Draft Cybersecurity Regulations to Protect Critical Information Infrastructure

On June 10, 2017, the Cyberspace Administration of China (the “CAC”) released the Draft Regulations on the Security Protection of Critical Information Infrastructure (the “Draft Regulations” 《关键信息基础设施安全保护条例(征求意见稿)》). The CAC is seeking public comments with a deadline of August 10, 2017. The final version will likely be announced soon after that …

Washington’s New Biometric Privacy Law: What Businesses Need to Know

With the rise in hackings and data breaches, companies and government agencies are looking for ways to protect their data that offer more security than passwords. Because passwords are easily lost, stolen, guessed, and cracked by hackers, companies are shifting to the use of biological characteristics that uniquely identify you, …

(Connected) Toy Story: The FTC Updates the COPPA Compliance Plan

The Federal Trade Commission (“FTC”) recently issued an updated “Six-Step Compliance Plan for Businesses” (“Compliance Plan”) for entities subject to the Federal Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501-6506, to “reflect developments in the marketplace—for example, the introduction of internet-connected toys and other devices for kids.” COPPA …

Data-Driven Marketing and the GDPR: the Data Brokers’ Conundrum

The digital marketing industry is powered by information about individuals (“personal data”) that pulses through a supply web. As this FTC infographic shows, some industries such as retail, energy, financial services, and health care, have direct relationships with those individuals. Other industries, such as data marketing, generally are at least …

Tick Tock Tick Tock, When a Breach Occurs, You’re on the Clock!

As a reminder that state attorneys general have enforcement authority over breach notifications, the New York Attorney General recently announced a $130,000 settlement for a failing to provide breach notification in a reasonable time. Organizations should ensure that they are prepared to quickly provide required notifications in the event of …

China’s Cybersecurity Regulators Issue Procedural Rules to Strengthen Enforcement Power

For the past several years, the Cyberspace Administration of China (the “CAC”) has risen to a very important status among the Chinese national government’s agencies. However, it lacks a specific procedural law to empower it with specific enforcement actions. Against this background, the CAC issued the Provisions on Administrative Law …

A Draft Won’t Do: OCR Settles with CardioNet $2.5M for Failing to Finalize Policies and Procedures

On April 24, 2017, the Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced that CardioNet, a provider of remote mobile monitoring and rapid response services to patients at risk for cardiac arrhythmias, has paid $2.5 million to settle alleged HIPAA violations. This is the first HIPAA …

It’s Official: Privacy and Security Rules from Wheeler Era Repealed

On Monday, April 3, President Trump signed a bill repealing the privacy and security rules introduced in the FCC’s October 2016 Order.  Under the terms of the Congressional Review Act (CRA), those rules have now been entirely repealed, the FCC is restricted from implementing “substantially similar” rules in the future, …

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