Privacy Elections & Politics

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The FCC’s Broadband Privacy Proposal – Hit from All Sides

Initial Comments are due on May 27, 2016 regarding the Notice of Proposed Rulemaking (NPRM) released last month by the FCC in its broadband privacy proceeding. The rules proposed in the NPRM have already been the subject of...more

National Telecommunications & Information Administration Issues “Voluntary Best Practices” For Commercial And Private Use Of...

On May 19, 2016, the National Telecommunications & Information Administration (“NTIA”) issued a document outlining voluntary best practices for the non-commercial and commercial use of unmanned aircraft systems (“UAS”), or...more

European Parliament: EU-U.S. Privacy Shield Needs Further Improvement

Earlier today, the European Parliament passed a non-legislative resolution saying the EU Commission should go back to negotiating with the United States to remedy “deficiencies” in the proposed EU-U.S. Privacy Shield for EU...more

TCPA Under Scrutiny in Court and by Senate

The Telephone Consumer Protection Act (TCPA) and a 2015 omnibus Declaratory Ruling and Order (2015 Order) interpreting the TCPA issued by the Federal Communications Commission (FCC) have recently faced additional challenges...more

Senate hearing reviews ransomware in a school system

On May 18, the Senate Judiciary Committee Subcommittee on Crime and Terrorism heard from Charles C. Hucks, the Executive Director of Technology for the Horry County, South Carolina, School System. The 52 schools and the...more

U.S. Senate Judiciary Committee Holds Hearing On FISA

On Tuesday, May 10, the Senate Committee on the Judiciary (the “Judiciary Committee”) held a hearing titled “Oversight and Reauthorization of the FISA Amendments Act: The Balance between National Security, Privacy and Civil...more

Tennessee’s Data-Breach Notice Requirements Among the Nation’s Toughest

On July 1, 2016, Tennessee’s new notice requirements for breaches of data security systems which compromise an individual’s personal information will take effect. The amendments to Tennessee’s current rules, found at T.C.A....more

Illinois Makes Extensive Changes to Data Breach Notification Law

On May 6, 2016, Illinois Governor Bruce Rauner signed HB1260, which significantly updates the state’s Personal Information Protection Act. The changes take effect on January 1, 2017. When the new law becomes effective,...more

FDIC reports five “major” data incidents to Congress

The Federal Deposit Insurance Corporation (FDIC) reported on Monday, May 16, 2016, that it had experienced five “major incidents” involving the disclosure of taxpayers’ personal information since the last incident we reported...more

Senate Judiciary Committee Holds Hearing to Discuss FCC’s Proposed Privacy Rules

On May 11, the Subcommittee on Privacy, Technology and the Law of the Senate Judiciary Committee held a hearing titled “Examining the Proposed FCC Privacy Rules.” Present at the hearing were witnesses FCC Chairman Thomas...more

Reworked EU-U.S. Privacy Shield Still Undergoing Growing Pains

When the European Union’s highest court issued its October 2015 ruling striking down the U.S.-EU Safe Harbor framework, shock waves rippled on both sides of the Atlantic. For thousands of U.S. companies handling the...more

Tennessee Enacts Changes to Data Breach Statute

Businesses in the State of Tennessee should take note of several significant changes to Tennessee's data breach statute that take effect for data breaches occurring on or after July 1, 2016. Currently, Tennessee Code...more

Come Back With a Warrant: Proposed Rule Change Expands the Government’s Ability to Access Electronically Stored Information in...

On April 28, 2016 the United States Supreme Court proposed a modification to Federal Rule of Criminal Procedure 41 that significantly alters the manner in which the government can obtain search warrants to access computer...more

Cybersecurity, Boards and Cyber-Board "Experts": Caution Should Rule

A continuing frequent question from public companies is how a board should be constituted to oversee cybersecurity. Many public companies foist this additional burden on the audit committee. Those large enough to have a...more

Health Law Insights Newsletter - Issue 9 - May 2016

NATIONAL - Medicare Proposes New Part B Payment System - The Center for Medicare and Medicaid Services (CMS) on April 27 proposed a new rule that would transform Medicare Part B reimbursement to practitioners into...more

First Circuit and FTC Address Definitions of “PII,” While Michigan Amends Privacy Law to Remove Statutory Damages

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more

Uber hit with class action case for sending political texts to customers

Uber Technologies, Inc. was hit with another class action lawsuit last week for allegedly violating the Telephone Consumer Protection Act (TCPA) when it sent text messages to its customers without prior written consent....more

House Caucus Formed To Protect The Security Of Cars

On April 28, 2016, four members of the U.S. House of Representatives launched a bipartisan caucus dedicated to addressing security and safety concerns raised by new innovation in connected and autonomous vehicles (or...more

Bipartisan House Bill Would Elevate Chief Information Security Officer At HHS

On April 26, 2016, House Representatives Billy Long (R-MO) and Doris Matsui (D-CA) introduced the HHS Data Protection Act, legislation aimed at improving cybersecurity at the Department of Health and Human Services (“HHS”). ...more

Canada's PIPEDA: consultation opportunity for data breach reporting regulations

The Canadian government continues to move forward with the regulation development process relating to data breach reporting....more

Trump campaign sued for sending spam texts in violation of TCPA

Donald J. Trump for President, Inc., which is the official campaign committee for candidate Donald Trump, was named in a putative class action case on April 25, 2016, for sending unwanted text messages to individuals. The...more

EU General Data Protection Regulation published - will you be ready by 5/25/2018?

Today, May 4, 2016, the General Data Protection Regulation (GDPR) was published in the Official Journal of the European Union. This means you now have until May 25, 2018 to ensure your data processing activities comply with...more

Turkish Parliament Enacts New Data Protection Law

In a step toward its accession to the EU, Turkey has enacted its first comprehensive Data Protection Law. The law was passed by the Turkish Parliament 24 March and published in the Official Gazette 7 April....more

Nebraska Amends Data Breach Notification Law

On April 13, 2016, Nebraska’s breach notification statute was amended when Governor Pete Ricketts signed LB835 into law. The Amendment included a variety of changes, including a regulator notification requirement and...more

Indiana Governor announces formation of Indiana Executive Council on Cybersecurity

Indiana Governor Mike Pence announced last week the formation of the Indiana Executive Council on Cybersecurity through an Executive Order. The Council, comprised of 23 members from public and private organizations, is...more

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