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Consumer Protection Privacy

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

HIPAA spring check-up: Your obligations to safeguard third-party patient health information in medical records produced in...

You’ve had your apple a day, but you can’t keep the subpoenas away… And, if your organization is facing a request seeking records or other materials that may contain patient health information (“PHI”), it bears...more

OIG Report Continues Criticism of CFPB Enforcement Data Security Practices

by Ballard Spahr LLP on

On May 15, 2017, the Federal Reserve Office of Inspector General – which also oversees the CFPB – released a report finding deficiencies in the CFPB Office of Enforcement’s (Enforcement) processes for securing sensitive...more

HIPAA Settlement With Wireless Health Services Provider Is Less Than Meets The Eye

by King & Spalding on

On April 24, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $2.5 million HIPAA settlement with CardioNet, a wireless health services provider. CardioNet provides remote mobile...more

President Trump's Executive Order on Cybersecurity

by King & Spalding on

On May 11, 2017, President Trump signed a long-awaited Executive Order that aims to bolster the cybersecurity of federal networks and critical infrastructure. In an effort to fulfill the President’s promise to get “tough on...more

New Duties for Lawyers? The ABA Weighs In on Cybersecurity.

Recently, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 477, which aims to provide guidance and clarity to lawyers as they consider what level of security to give communications...more

WannaCry Ransomware Cyberattack Raises Legal Issues

by Morgan Lewis on

The recent cyberattack highlights the need for firms to engage in proactive prevention and protection. Ransomware (malware that encrypts data pending an extortion payment) is a recurring cyber threat that is growing more...more

Privacy Perils: Strong Passwords IV: The Phrase Awakens

by Bass, Berry & Sims PLC on

Previous Tips have warned of the use of easily-guessed passwords, and have provided suggested methods to strengthen them, including use of...more

Self-Sovereign Identity and Distributed Ledger Technology : Framing the Legal Issues

by Perkins Coie on

Purpose - Distributed ledger technology (“DLT”), including the use of blockchain technology, has been touted as a way to create and validate digital identities that serve many of the same purposes that physical forms of...more

The FTC Seeks Comment: How Trusty Is The TRUSTe Plan For COPPA Certification?

by King & Spalding on

The Federal Trade Commission (FTC) is currently seeking comment on proposed changes to TRUSTe’s safe harbor program under the agency’s Children’s Online Privacy Protection Rule (COPPA). Per the Federal Register notice, the...more

TCPA Update: FCC Seeks Guidance on Proposed Robocall-Blocking Rule

Under new Chairman Ajit Pai’s leadership, the Federal Communications Commission (the “Commission”) is taking its first steps toward reforming its rules interpreting the Telephone Consumer Protection Act (“TCPA”). On...more

Are Healthcare Systems Being Held Hostage by Ransomware?

by Revision Legal on

Healthcare ransomware is one of the biggest cybersecurity concerns in existence and it may have particularly serious implications for healthcare systems. Ransomware is a form of malicious software code that is somehow...more

Is the Government Protecting Your Private Information?

by Reed Smith on

We were not affected by the recent ransomware attack that disabled computers worldwide, including in multiple public hospitals in the UK. At least not yet. For those who have never had the pleasure or who otherwise do not...more

Data Security Under Commissioner Ohlhausen: What You Need to Know

The Federal Trade Commission (FTC) has been a critically important regulator of cybersecurity practices in the US, using its authority under Section 5 of the FTC Act to bring enforcement actions against companies for failing...more

THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information

by McDermott Will & Emery on

The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable information during the Commission’s...more

Australia And China Establish Cybersecurity Agreement

by King & Spalding on

On April 21, 2017, Australia and China forged an agreement to expand their cybersecurity cooperation. This agreement emerged as part of the Australia-China High-Level Security Dialogue held in Sydney. ...more

[Webinar] Consumer protection enforcement is #trending: How to avoid FTC and state investigations, and what to do when you get the...

by Hogan Lovells on

Join us for a discussion of hot topics in Federal Trade Commission (FTC) and state consumer protection enforcement. Partners Bret Cohen, Meghan Rissmiller, and Steven Steinborn will cover recent developments and enforcement...more

New Canada Anti-Spam Rules Take Effect July 1 – Additional Teeth Behind New Rules

Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...more

Cybersecurity, A-Z: C is for CFAA

The Computer Fraud and Abuse Act, or CFAA, is the federal “anti-hacking” statute (or sometimes referred to as a “computer trespass” statute). In essence, the CFAA prohibits intentional unauthorized access into another...more

Class Action Quarterly Update - Winter 2017

Telephone Consumer Protection Act (“TCPA”) cases have continued to dominate class action filings over the past quarter. Second in volume to TCPA cases are those alleging claims of false advertising. These cases are heavily...more

NIST Plans To Examine Internet of Things (IoT) For Its Cybersecurity Framework

by Dentons on

The National Institute of Standards and Technology (NIST) is holding a Cybersecurity Framework Workshop this week at its headquarters in Gaithersburg, Maryland. The purpose of the workshop is to discuss issues related to its...more

Yesterday, #WannaCry. Today, #DocuSignPhish

Another day, another data incident. If you use DocuSign, you’ll want to pay attention. The provider of e-signature technology has acknowledged a data breach incident in which an unauthorized third party gained access to...more

President Trump Signs Executive Order Holding Agency Directors Accountable for Cybersecurity

Five months after rejecting a less detailed executive order on cybersecurity, Trump signed one on May 11, 2017 (Order). The Order notifies federal agencies that the “President will hold heads of executive departments and...more

Senator To Propose ISP Consumer Privacy Bill

by King & Spalding on

On Friday, April 14, 2017, Senator Richard Blumenthal (D-Conn.) announced his plan to introduce a bill that would allow the Federal Trade Commission (“FTC”) to regulate consumer privacy protections regarding Internet service...more

Personal Data Held by Government Agencies Now Heavily Protected in Mexico

by Jones Day on

On January 27, 2017, Mexico's General Law on the Protection of Personal Data Held by Regulated Subjects ("Law") became effective. The Law establishes procedures to protect personal data held by government agencies and other...more

Standing hurdles continue to bedevil data breach plaintiffs

Plaintiffs presenting a claim in federal court must have standing to sue, under Article III of the Constitution (as we have written about in the past). The Second Circuit recently entered an order reminding plaintiffs,...more

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