News & Analysis as of

Privacy Conflict of Laws Consumer Protection

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated...more

OCR Clarifies Parameters of Covered Entities' Fees for PHI Copies

by Baker Ober Health Law on

The Office for Civil Rights (OCR) recently released new guidance and FAQs (OCR Guidance) addressing individuals’ rights to access their protected health information (PHI) under the Health Insurance Portability and...more

Privacy Regulation Regime Change: Bad or Good for ISPs?

by Bryan Cave on

The Federal Communications Commission (“FCC”) is on the verge of proposing new federal privacy regulations for internet broadband service providers (“ISPs”). ISPs were previously policed by the Federal Trade Commission...more

California AG Proposes State Consensus on Breach Laws

by Reed Smith on

Businesses scrambling to comply with the dozens of varying state laws governing data privacy and security breaches may have a new ally in California Attorney General Kamala Harris, but they shouldn’t expect her to relax any...more

House Panel Approves Data Breach Bill

by King & Spalding on

On Wednesday, Dec. 9, the House Financial Services Committee approved a bill that would require companies to notify consumers and the government when a data breach compromises certain unencrypted consumer information. The...more

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

Treasury Request for Public Input on Expanding Access to Credit through Online Marketplace Lending

On July 20, the Department of the Treasury published a Notice and Request for Information (“RFI”) seeking comment on various aspects of online marketplace lending, including – - the business models and products offered...more

State Attorneys General Ask Congress Not To Preempt Breach Notification Laws

by King & Spalding on

In the wake of recent, large-scale data breaches, several pieces of legislation have been introduced in Congress to establish a national data breach notification law, including a House bill that would preempt the current...more

New Federal Bill Would Preempt State Data Security Breach Notification Laws

by Polsinelli on

Rep. Marsha Blackburn (R-Tenn) recently introduced H.R. 1770, legislation intended to establish a framework of national data security breach laws, to the House Energy and Commerce Committee. The bill, called the Data Security...more

First Steps Taken to Establish Federal Law Requiring Companies to Secure Consumer Data; Will Congress Pass Something This Year?

by Faegre Baker Daniels on

The U.S. House Energy & Commerce Committee took the first steps recently to establish a federal law that would cover actions that companies need to take to secure consumer data. ...more

Data Security and Breach Notification Act of 2015 Making its Way through Congress

On March 25, 2015, a Congressional Subcommittee approved a draft of the “Data Security and Breach Notification Act of 2015,” a statute intended to create a national standard for data security and reporting data breaches. ...more

Financial Industry Backs Cybersecurity, Data Breach Notification Legislation

Why it matters - The financial industry has thrown its support behind data breach notification legislation as well as passage of a law that would encourage businesses to share cyberthreat information. Data security...more

Advertising Law - January 2015 #3

President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification - Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated...more

Proposed Federal Breach Notification Law: Panacea Or Flash in the Pan?

by Dorsey & Whitney LLP on

The Obama Administration has just released the proposed text of the Personal Data Notification & Protection Act as the latest step in its uniform federal breach notification initiative. Similar legislative efforts in the past...more

HIPAA Isn’t the Only Standard for Confidentiality

by Faegre Baker Daniels on

Nobody knows better than hospitals how difficult, complicated and expensive it is to comply with the confidentiality requirements of HIPAA (for Health Insurance Portability & Accountability Act). And hospitals and their...more

TCPA Connect -- Jan 13, 2014

Good Faith Belief in a Consumer’s Consent Found to be Valid Defense to TCPA Claim - Despite a material question about whether the defendant had express consent to contact the plaintiff, a California federal court judge...more

A House Divided: Federal Judges Take Conflicting Positions on Wiretap Act Claims Against Google in California's Northern District

by Davis Wright Tremaine LLP on

Last week, the U.S. District Court for the Northern District of California dismissed a class action claim that Google’s modifications to its customer privacy policies and subsequent sharing of customer data across Google...more

Privacy Litigation Alert: California Court Dismisses Attorney General's Mobile App Privacy Suit Against Delta, Offers Little...

by Fenwick & West LLP on

A California Superior Court judge has dismissed with prejudice a privacy suit brought by California Attorney General Kamala Harris against Delta Airlines. The complaint, filed in December of 2012, alleged that Atlanta-based...more

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Cybersecurity

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