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Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

by Hogan Lovells on

New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone...more

Court Of Appeal Provides Further Guidance For Data Controllers On Handling Subject Access Requests

by Dentons on

In the first April edition of our employment law round-up we considered the Court of Appeal's decision in Dawson–Damer v. Taylor Wessing LLP [2017] EWCA Civ 74, which (amongst other things) concerned the relevance of an...more

China Issues Draft Measures to Restrict the Overseas Transmission of Personal Data

by Latham & Watkins LLP on

The Cyberspace Administration of China (CAC) issued Draft Measures for public comment on April 11 on Security Assessment for Cross-border Transmission of Personal Information and Critical Data (the Draft Measures). The Draft...more

Qakbot: Insight into a Persistent, Polymorphic Malware from the Cyber Defense Team at K2 Intelligence

Qakbot (Qbot) first emerged in 2009 as a piece of malware designed to steal online banking credentials from infected computers. It used classic key-logger technology combined with an ability to steal active session...more

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA....more

Mobile targeting: A ‘secret weapon’ for good or ill?

by Thompson Coburn LLP on

It’s an advertiser’s dream — the ability to target customers through their mobile devices, right to down to where they are and what they are doing. But can such precisely targeted messages become a recipient’s nightmare?...more

Privacy Tip #85 – OIG Warns Consumers of Phone Call Scams by OIG Imposters

Phone call scams are on the rise. In addition to scam artists posing as employees of utility companies (see Privacy Tip #84), the Office of the Inspector General (OIG) has issued a warning to consumers about a phone scam...more

Privacy Tip #84 – Utility Company Imposters Scaring and Scamming Vulnerable Consumers

A new but old scam is on the rise and is reportedly hitting droves of unwary and vulnerable consumers. This new but old scam has increased now that tax season is over, and W2 scams are difficult to succeed this time of year....more

Internet Privacy – What the U.S. Can Learn from the European Union

by Pierce Atwood LLP on

With respect to Internet privacy, as a result of recent U.S. government action, Americans now have less protection and are more at risk of government surveillance and potential misuse of their personal information, as...more

Article 29 Working Party Issues Guidance on Data Protection Impact Assessments

by Hogan Lovells on

The steady trickle of GDPR guidance from the Article 29 Working Party continues. Fresh from finalising its guidance on data portability, lead supervisory authorities and data protection officers, the Working Party has...more

Reading the Tea Leaves: What Lies Ahead for Broadband Privacy Regulation?

On April 3, 2017, President Trump signed into law a rare Joint Resolution of Congress under the Congressional Review Act (“CRA”), which disapproved the Broadband Privacy Rules adopted late last year by then-Chairman Wheeler’s...more

State of the Cyber Nation: UK Government Report on Cybersecurity Breaches

by Hogan Lovells on

On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cybersecurity breaches and how they affected UK companies in the last year. Headline statistics from the report...more

Healthcare Advisory: HHS Announces First Settlement with a Wireless Health Services Provider

by Sherman & Howard L.L.C. on

On April 24, 2017, the Department of Health and Human Services, Office of Civil Rights (“OCR”), announced its first settlement with a wireless health services provider, CardioNet, Inc., for alleged violations of the Health...more

Tennessee Adds Technical Requirements To Its Data Breach Notification Laws

by Dickinson Wright on

Are you doing business in Tennessee? Do you have computerized personal information about anyone in Tennessee (including employees, clients, or customers)? Are you encrypting that data in accordance with the current version of...more

[Webinar] Be Compromise Ready: Go Back to the Basics - May 9th, 12:00pm EDT

by BakerHostetler on

Cyber threats are here to stay. No company, large or small, is immune. But there are basic measures you can take to prepare for the legal and business risks associated with an attack....more

The Trump Administration Retweets and Retreats

by Jackson Walker on

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about...more

Permissible Disclosures Under the Stored Communications Act

by Revision Legal on

The Stored Communications Act, which is codified at 18 USC 121, sections 2701-2712, is federal law that governs the conduct of electronic communication service providers and the voluntary and compelled disclosure of the...more

Security Breach Notification Becomes More Complex For Employers

by Littler on

With new and sophisticated schemes perpetrated by hackers and scammers, and sensitive personal information becoming increasingly accessible to numerous insiders, it is only a matter of time before most employers will be...more

An Opportunity to Shape Compliance with GDPR

by Hogan Lovells on

A close observer of the GDPR will have noticed that, in several places, individual EU Member States can implement derogations from the GDPR requirements. Of course, as a regulation under EU law there is less scope for local...more

WIPO: Cybersquatting reaches all-time high with the introduction of new gTLDs

by Hogan Lovells on

The World Intellectual Property Organization (WIPO), the United Nations agency based in Geneva that administers the Uniform Domain Name Dispute Resolution Policy (UDRP), issued a press release last month revealing that...more

App Privacy Litigation Settles For $5.3 Million

by King & Spalding on

Several major app developers, including Twitter, Facebook, Instagram, and Yelp, settled a putative class action pending in California federal court last week. The app companies have agreed to pay a consolidated $5.3 million...more

Medical Supply Company Hit with Class Action TCPA Fax Lawsuit

by Klein Moynihan Turco LLP on

A class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois. The plaintiff seeks to represent a nationwide class of persons and entities who...more

Counsel To Counsel: A Law Firm GC's Data Protection Duties

by WilmerHale on

Many law firms now have a designated general counsel, or a group of counsel, tasked with managing myriad legal matters for the firm. What are some top-of-mind priorities for these GCs today as they strive to keep their firms...more

China's draft data localisation measures open for comment

by Hogan Lovells on

On 11 April 2017 the Cyberspace Administration of China published a circular calling for comments on its draft Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of...more

Federal Class Action Lawsuit Highlights Importance of Sweepstakes Lawyer

by Klein Moynihan Turco LLP on

Last month, a federal district court in Detroit refused to dismiss a putative class action lawsuit filed against Dunham’s Athleisure Corporation (“Dunham’s”) concerning the regional sporting goods retailer’s sweepstakes...more

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