Privacy Administrative Agency

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Washington Amends its State Data Breach Notification Law

On April 13, the Washington State Senate unanimously passed an amendment to the state’s data breach notification law. The amendment, which was requested by Washington Attorney General Bob Ferguson, and which we discussed in...more

Attorney Billing Invoices Privileged From Disclosure Under PRA

California Court of Appeal Rules Attorney-Client Privilege Exemption Covers Billing Invoices - Billing invoices sent by an attorney to a client are exempt from disclosure under the California Public Records Act, a...more

The FCC Just Upped the Ante for Communications Providers and the FTC with a $25 Million Fine, a Detailed Information Security...

The FCC has been warning communications companies for months that protecting consumer privacy and information security is a top priority, and the recent announcement of a $25 million settlement with AT&T over its alleged...more

FCC Imposes Record Penalty for Data Breach

On Wednesday, April 8, the Federal Communications Commission (FCC) entered a consent decree and levied a $25 million civil penalty against AT&T to settle a data breach that exposed the information of nearly 280,000 customers....more

FAA Concedes Merely Posting Drone Video Does Not Violate Federal Regulations - A New Directive Notes Agency Lacks Authority to...

The Federal Aviation Administration, after more than a year of warning media companies and hobbyists that posting or linking to any footage filmed by drones may violate the law, has finally acknowledged that its inspectors...more

Montana And Wyoming Revise Data Breach Notification Laws

The states of Montana and Wyoming recently updated their data breach notification statutes. The revisions include updates to the states’ definitions of personal information subject to breach notification provisions, among...more

FFIEC’s Seven Cybersecurity Priorities for 2015

While others were waiting for spring to arrive, community bank officers and directors were waiting for the Federal Financial Institutions Examination Council (FFIEC) to provide additional guidance on its cybersecurity...more

Commercial Drones: When Tech Flies Faster Than the Speed of Government

Unmanned Aircraft Systems (UAS), or drones as they are more commonly known, are under intense scrutiny by the Federal Aviation Administration (FAA). In fact, the FAA itself is under scrutiny, by big and small businesses...more

Alert: FCC Continues Aggressive Action on Data Breaches

As noted in previous alerts, the FCC has dramatically increased its enforcement of data security practices and breaches resulting from what the FCC considers to be inadequate security measures. ...more

EPIC Files Suit For Public Rulemaking To Address Privacy Concerns Posed By Drones

The Electronic Privacy Information Center (“EPIC”) filed suit in the U.S. Court of Appeals for the District of Columbia Circuit on March 31, 2015, to force the Federal Aviation Administration (“FAA”) to conduct a rulemaking...more

Up, Up, and Away: Insurance Market for Commercial Drones Set to Take Off

Unmanned Aerial Vehicles (UAVs or Drones) have been in the news increasingly over the past decade. While it began, primarily, with the federal government’s use of Drones through the military and federal law enforcement...more

Naming Names: Washington Supreme Court Holds That Public Employers Must Disclose the Names of Employees Being Investigated for...

On April 2, 2015, the Washington Supreme Court held that public employees under investigation for workplace misconduct cannot prevent their identities from being disclosed in response to a request for public records. The...more

Canada Issues First Penalties Under Anti-Spam Law

CRTC imposes over US$900,000 in fines against two companies, reminding U.S.- and foreign-based businesses about possible liability under Canada’s Anti-Spam Law - This month marks the issuance of the first two enforcement...more

Privacy rights group speaks out against FAA’s proposed framework on commercial use of drones

On March 31, 2015, the Electronic Privacy Information Center (EPIC) filed a petition against the Federal Aviation Administration’s (FAA) proposed rule on commercial drone use, in the D.C. Circuit. EPIC believes that the FAA...more

FDA Issues Guidance on Mobile Medical Devices

The Food and Drug Administration’s recent guidance on mobile medical applications illustrates the FDA’s growing efforts to combat emerging cybersecurity issues that affect patient safety. The guidance, issued in February...more

FAA Announces Interim Commercial Drone Operation Policy

On March 23, the Federal Aviation Administration (FAA) announced an interim policy to speed up airspace authorizations for certain commercial unmanned aircraft (“UAS” or “Drone”) operators who obtain Section 333 exemptions....more

Crowded Skies: Opportunities and Challenges in an Era of Drones

In this paper: - Advertising & Promotion - Aviation - Regulatory - Copyright (EU) - Employment and Labor - Export Controls - Film and Television (UK) - Film & Television...more

The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service...more

Can the U.S. – EU Safe Harbor Weather the Storm?

On 24 March, the Court of Justice for the European Union (CJEU) heard argument on a case that could significantly impact, if not invalidate altogether, the Safe Harbor framework that facilitates the flow of personal data from...more

EUROPE: EU-US data flows at risk? European Court of Justice today heard Facebook case.

Yesterday, the Schrems v. Irish Data Protection Commission case was brought before the Court of Justice of the European Union (‘CJEU’) for an oral hearing, following referral by the Irish High Court. While the final ruling by...more

OCR’s Enforcement of HIPAA’s Privacy and Security Rules Continues with Robust 2014

With the news of the recent cyber-attack and resulting data breach at health insurance giant Anthem Inc., the buzz around data security and privacy is again high. The Anthem breach serves as a reminder to those entities...more

Update on State Attorneys General: Connecticut Creates a Permanent Privacy Department; NAAG Covers Big Data, Cybersecurity, and...

The federal government may be pushing a cybersecurity and data privacy agenda, but that doesn’t mean that the states are taking a back seat. The state attorneys general are maintaining their focus on issues relating to...more

Alert: Federal Policy Developments Impacting Medical Technology Companies

Health care is always a major issue in Washington, DC but recently how to promote innovation in medtech has become a priority within that conversation. Thus far, 2015 has produced a major legislative initiative in the form of...more

The Game of Drones: between the Far West and a new European regulation

Unmanned aerial vehicles, better known as drones, are being increasingly used throughout Europe (and elsewhere) in a variety of sectors, from news, documentaries and TV productions to pizza delivery (albeit less frequently!)…...more

NAIC Amps Up Cybersecurity Oversight

The NAIC has begun its efforts to amp up state insurance department oversight of cybersecurity practices with the release of two documents for public comment. The first, entitled Principles for Effective Cybersecurity...more

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