Administrative Law, Consumer Protection, Privacy

CFPB Issues Final Rule On FOIA And Litigation Procedures

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 2/18/2013

The CFPB has issued a final rule that establishes procedures for the public to obtain information from the Bureau of Consumer Financial Protection, under the Freedom of Information Act, the Privacy Act of 1974, and in legal...more

The HIPAA/HITECH Final Rule Has Been Released

by Theodore Kobus III | BakerHostetler on 1/18/2013

The long awaited HIPAA/HITECH Final Rule is out. The final rule is effective March 26, 2013, but covered entities (CEs) and business associates (BAs) will have 180 days beyond the effective date to come into compliance....more

Brace for Impact – Final HITECH Rules Will Require Substantially More Breach Reporting

by Elizabeth Johnson | Poyner Spruill LLP on 1/18/2013

HHS has finally issued its omnibus HITECH Rules. Our firm will issue a comprehensive summary of the rules shortly, but of immediate import is the change to the breach reporting harm threshold. The modification will make it...more

First HHS OCR Settlement for HIPAA Breach Involving Less Than 500 Patients Sends Message to Providers

by King & Spalding on 1/15/2013

On January 2, 2013, HHS announced that the Hospice of North Idaho (HONI) agreed to pay $50,000 and enter into a Corrective Action Plan (CAP) as part of a settlement involving a breach of unsecured electronic protected health...more

Canada’s Anti-Spam Law (CASL) – Proposed New Regulations Would Soften Impact

by Margot Patterson | Dentons on 1/9/2013

Draft Regulations recognize CASL should not apply to ”regular business communications” Industry Canada has published long-awaited draft Regulations that would lessen the impact of Canada’s Anti-Spam Law (CASL) on...more

First-Ever HIPAA Settlement Involving Fewer Than 500 Patients Announced

by Danna Carmi, M. Leeann Habte, Peter McLaughlin, Richard Rifenbark, R. Michael Scarano Jr. | Foley & Lardner LLP on 1/8/2013

On January 2, 2013, the U.S. Department of Health and Human Services (HHS) announced a settlement with the Hospice of North Idaho (HONI) for potential HIPAA violations....more

De-Identifying Protected Health Information: OCR Issues Long-Awaited Guidance

by Sharon Klein, Anne Davies Newman | Pepper Hamilton LLP on 1/5/2013

The HIPAA Privacy Rule is intended to protect individually identifiable health information by limiting its use and disclosure. But the Privacy Rule expressly permits the de-identification of that information, and in doing so...more

First HIPAA Breach Settlement Involving Less Than 500 Patients Announced

by Michael Igel | Trenam Kemker on 1/4/2013

ALL PROVIDERS ARE OFFICIALLY ON NOTICE. In a move that signals just how seriously the federal government is taking its enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the U.S....more

First OCR Resolution for Data Breach Involving Less than 500 Patients: No Breach is “Too Small”

by Stephanie Willis | Mintz Levin - Health Law on 1/4/2013

The Department of Health and Human Services, Office for Civil Rights (OCR) reached its first settlement for a breach involving data regarding less than 500 individuals. Under the December 2012 settlement, the Hospice of...more

No Right To Audio Recording Or Customer Service Representative’s Name: OPC Guidance On Access Rights

by Tim Banks | Dentons on 1/4/2013

On December 13, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-004 (August 22, 2012) relating to the unauthorized disclosure to an imposter of a cell phone customer’s account...more

Obtaining Consent To The Use Of Credit Scores: OPC Provides Guidance

by Tim Banks | Dentons on 1/3/2013

On December 19, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-005 (dated April 27, 2012) regarding obtaining meaningful consent to the use of information provided to credit reporting...more

New York Consumer Privacy Bill Takes Effect

by BuckleySandler LLP on 1/2/2013

Last week, a New York law designed to protect consumers’ social security numbers took effect. As previously reported, Assembly Bill 8992 prohibits private businesses from conditioning the provision of services on a...more

Lame Duck Congress Acts on Privacy Bills, Mostly With an Eye Toward 2013

by William J. Weber | BakerHostetler on 12/24/2012

While continuing congressional inaction on the fiscal cliff is getting most of the ink/pixels in news headlines over the last couple weeks, several privacy bills have advanced in the House and Senate....more

Nickelodeon Target of Privacy Complaint; Final COPPA Amendments to be Released Tomorrow

by Amy Malone | Mintz Levin - Privacy & Security on 12/19/2012

The Center for Digital Democracy (CDD) filed a complaint yesterday asking the Federal Trade Commission (FTC) to investigate violations of the Children’s Online Privacy Protection Act (COPPA) by Nickelodeon and mobile...more

Is Your Company's Mobile App Violating CalOPPA?

by Thomas (Tom) C. Bell, Miriam Farhi, Nicholas (Nick) Price | Perkins Coie on 12/13/2012

On December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices. According to the complaint, the "Fly...more

Big Data Could Save Healthcare System $300+ Billion Annually

by Michael Esquivel | Fenwick & West Life Sciences Group on 12/12/2012

According to a recent report released by Rock Health, Big Data has the potential to save the healthcare system more than $300 billion per year by improving poorly coordinated care, reducing fraud and abuse, and improving...more

Anti-Spam Legislation: A Work in Progress

by Anne Côté | Field Law on 12/12/2012

At the end of 2010, Canada enacted strict anti-spam legislation (the “Act”) relating to the sending of electronic messages, as well as to other aspects of online commercial activity. Implementation of the Act has been delayed...more

New Rules Proposed to Protect Children’s Privacy Online

by Janet Raasch | Lawyers.com on 12/12/2012

At one time, parenting was a lot simpler. All parents had to worry about was their child’s behavior in school, on the playground or around the dinner table. Children lived in protected, limited universes and interactions were...more

Advertising Law -- Dec 07, 2012

by Manatt, Phelps & Phillips, LLP on 12/10/2012

In This Issue: Is This Lawsuit Bananas?; Judge Approves $22.5M Google Settlement; Stay in School: Cranberry Industry Fights to Keep Juice in Schools; and This Symbol Means Something. ...more

EPIC: Hearing on FTC Nominee Should Address FTC's Settlement Process for Privacy Violations

by Electronic Privacy Information Center on 12/7/2012

In a letter to the Senate Commerce Committee, EPIC has recommended that Congress require the Federal Trade Commission to consider more carefully the public's views on proposed privacy settlements. EPIC also recommended that...more

FCC Holds Confirmatory Text Messages Do Not Violate TCPA

by Burr & Forman on 12/4/2012

In re Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; SoundBite Communications, Inc. Petition for Expedited Declaratory Ruling, CG Docket No. 02-278 (Nov. 29, 2012) Pending...more

FCC Issues Declaratory Ruling Allowing Text-Message Opt-Out Confirmations

by Davis Wright Tremaine LLP on 12/1/2012

Yesterday, the Federal Communications Commission issued a declaratory ruling clarifying that sending a follow-up text-message confirming a consumer’s opt-out from receiving future texts does not itself violate the Telephone...more

Canadian Marketing, Advertising & Regulatory Law Update

by Heenan Blaikie LLP on 11/16/2012

In This Issue: - 1 Advertising Law News - 21 Consumer Protection News - 22 Social Media News - 24 Focus on Food - 30 Cosmetics/Drugs/Product Safety/Regulatory - 32 Quebec News - 33 Privacy News - 37...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - November 9, 2012

by BuckleySandler LLP on 11/12/2012

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - CREDIT CARDS - E-COMMERCE - PRIVACY/DATA SECURITY - Excerpt from...more

California’s AG Puts Mobile Apps on Notice

by Mintz Levin - Privacy & Security on 11/6/2012

If a haunted house or trick-or-treating was your scariest experience last week, you must not be one of the 100 mobile application developers who received a notice of non-compliance from California Attorney General Kamala D....more

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Administrative Law › Consumer Protection › Privacy