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Healthcare Legal News: Volume 4, Number 3 - Special Issue: HIPAA Update

Recent Trends in HIPAA Liability - Since the passage of the 2013 HIPAA Omnibus Rule, there has been a substantial increase in HIPAA enforcement actions brought by the Department of Health and Human Services, including an...more

Recent Amendments to the Procedure of Personal Data Processing in Russia

Federal Law No. 242-FZ "On Amendments to Certain Legislative Acts of the Russian Federation for Clarification of the Procedure of Personal Data Processing in Information and Telecommunication Networks" (the "Federal Law No....more

France About to Embark on a Cookies Sweep Day

Impending sweep day to verify compliance with guidelines on cookies - During the week of September 15–19, 2014, France’s privacy regulator, the Commission Nationale de l’Informatique et des Libertés (CNIL), is...more

FTC Approves iKeepSafe Program as COPPA Safe Harbor

The Federal Trade Commission (FTC) has approved iKeepSafe as a self-regulatory "safe harbor" program under the Children's Online Privacy Protection Act (COPPA). The FTC's COPPA Rule requires, among other things, that online...more

A New Sheriff in Town: Federal Trade Commission Enforcement of Medical Information Security

A recent court decision found that the Federal Trade Commission (FTC) has authority to enforce the requirements for security of Protected Health Information, or PHI, as defined under the Health Information Portability and...more

FTC Final Orders with Fandango and Credit Karma Provide Guidance on Mobile App Security

In August 2014, the Federal Trade Commission (“FTC”) approved final orders resolving its actions against Fandango, LLC (“Fandango”) and Credit Karma, Inc. (“Credit Karma”) for allegedly misrepresenting the security of their...more

Between the "Like" Button and a Hard Place: Understanding the Implications of Hulu's Latest Argument Against User's Privacy...

Companies commonly utilize Facebook as part of their online social media advertising strategy. Companies should revisit this strategy in light of a recent finding in the Northern California U.S. District Court (In re Hulu...more

Credit Unions Continue to Demand New Data Security Standards for Retailers and Right to Recover Losses After a Breach

On September 3, 2014, following the news of a possible breach at Home Depot (which was confirmed on September 8), the National Association of Federal Credit Unions (NAFCU) called on Congress to enact new legislation to hold...more

Brazilian Regulators Slap $1.59 Million Fine on Telecom Giant Oi, Alleging Violations of Users’ Privacy Rights

As a reminder of the transnational nature of online data collection-and the ever-expanding web of regulatory bodies stepping in to monitor how information is collected and used-Brazilian regulators announced that they had...more

To Speak Or Not To Speak About A Data Breach

I recently posted about some companies making the decision to not announce when a data security breach has occurred, or at least they would think twice before announcing. According a couple crisis communication experts, that...more

Privacy Top Five: Issues And Concerns In The First Six Months Of The Apps

That is, on receiving the personal information from a third party, you must contact each individual whose personal information you have now “collected” and notify them of the mandatory matters specified in the APPs, if such...more

Right to be forgotten and the Google Advisory Council in Rome: main takeaways

As you all remember, last May the European Court of Justice ruled that Google must allow the de-indexing of web pages containing personal data, further to a lawful enforcement by the relevant data subjects of their right to...more

September 22, 2014: Quickly approaching deadline to amend business associate agreements

The HIPAA Omnibus Rule, enacted last year, made a number of changes to the HIPAA privacy, security and breach notification rules. Some of these changes affected business associate provisions of the HIPAA privacy and security...more

Record Actions Force Companies to Reevaluate How They Protect Consumers

Last week the FCC’s Enforcement Bureau announced that Verizon agreed to pay a record US$7.4 million to settle an investigation related to the company’s treatment of consumer personal information. Specifically, the Commission...more

European “Cookie Sweep” Initiative – 15 - 19 September 2014 – Is Your Website Ready?

The European data protection authorities will be conducting a “cookie sweep” later this month, carrying out random spot checks on websites to assess for compliance with EU “cookie” laws. Businesses should therefore be...more

Processing Personal Data in Russia? Consider These Changes to Russian Law and How They May Impact Your Business

Changes Impacting Businesses that Process Personal Data in Russia - On July 21, 2014, a new law Federal Law ? 242-FZ was adopted in Russia (Database Law) introducing amendments to the existing Federal Law “On personal...more

Privacy or Politics? – Russia Seeks More Control Over its Citizens’ Personal Data

Back in July, President Vladimir Putin signed a law (Federal Law No. 242-FZ) that compels “data operators” to store Russian citizens’ personal data only inside Russia. Previously, Russian law allowed the storage of data...more

Cybersecurity Concerns Underpin Continued Push In The Regulatory And Legal Arenas

While Congress continues its aggressive push on cybersecurity legislation, regulatory oversight and legal efforts continue across the spectrum of industries effectively filling the gap in addressing now every day concerns...more

The Congress Ramps Up Action On Cybersecurity Legislation - Possibilities For Data Protection/Breach Legislation Still Exist

While not a day goes by without a new cybersecurity attack, the recent news of the Russian criminal gang who is alleged to have stolen over 1 billion user names and passwords as well as 500 million email addresses reinforces...more

California Sets the Curve with New Regulations on Collection and Use of Student Data

When one thinks of the use of technology in school, often the first image that comes to mind is of students sending ill-advised Snapchats and making in-app purchases that line the pockets of the Kardashian family, rather than...more

Face video scan can trigger data protection breach?

Data protection breaches of health related sensitive data might occur through a mere video scanning an individual’s face according to a recent research....more

Federal Trade Commission Checks Out Mobile Shopping Apps

In August, the Federal Trade Commission (“FTC”) released a staff report concerning mobile shopping applications (“apps”). FTC staff reviewed some of the most popular apps consumers utilize to comparison shop, collect and...more

California Attorney General Issues Privacy Practices Guide

Consumers that have spent more than a few seconds attempting to decipher an online privacy policy tend to agree that most privacy policies are overly long, difficult to read, and fail to offer any meaningful choice to the...more

France: CNIL to begin cookies enforcement in October

Starting in October, France’s Data Protection Authority (the CNIL) will verify compliance with its December 2013 Recommendation on the use of cookies and tracking technologies....more

Major Barrier to E-Commerce in Middle East and North Africa is Fear about Data Security

In a recent article published by Law 360, Proskauer litigation associate Courtney Bowman outlines how companies can make inroads in the e-commerce market in the Middle East and North Africa (MENA). Although often overlooked,...more

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