Proskauer - Privacy & Data Security

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance…more

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators…more

The Securities and Exchange Commission (the “SEC”) and Commodity Futures Trading Commission (the “CFTC”) recently adopted rules requiring entities subject to their respective enforcement authorities to adopt and implement…more

Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held…more

California Assembly Member, Bonnie Lowenthal, recently introduced the “Right to Know Act of 2013? (AB 1291), which would require any company that retains a California resident’s personal information to provide a copy of that…more

The French, Italian, British, German, Spanish and Dutch Data Protection Authorities announced on April 2, 2013 that each will launch investigations and enforcement actions against Google on the grounds that its privacy policy is…more

In a recent ruling arising from certain certified questions in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY (D. Mass. Jan. 6, 2012, the Massachusetts Supreme Court interpreted “personal identification information” under…more

As announced during the 2013 State of the Union Address, President Obama recently signed an Executive Order on cybersecurity. The primary goals of the Executive Order are to (a) improve communication between private companies…more

The California Supreme Court held on February 4, 2013 that the provision of the Song-Beverly Credit Card Act of 1971 (the “Act”) prohibiting retailers from requesting personally identifying information as a condition to…more

Data use and sharing disclosures on mobile devices need work, the FTC said in a staff report released last week. The report recommends ways that actors in the mobile marketplace—such as mobile operating system providers,…more

Two and a half years after initiating a review of the Children’s Online Privacy Protection Rule (the “Rule”), the Federal Trade Commission (FTC) announced on December 19, 2012 that the Rule will be amended to clarify perceived…more

On January 10, 2013, President Obama signed into law H.R. 6671, an amendment to the Video Privacy Protection Act of 1988 (VPPA) codified at 18 U.S.C. § 2710, which will permit companies, such as Netflix, to obtain advance…more

For the fourth time since the Massachusetts data security regulations took effect in March 2010, the Massachusetts Attorney General’s Office (“AGO”) has settled allegations that Massachusetts-based entities violated the…more

On January 17, 2013, U.S. Department of Health and Human Services Secretary Kathleen Sebelius announced the final omnibus rule that among other things (1) increases patient privacy protections..…more

Ever on the forefront of consumer privacy protection, California is again making news in the privacy world with the California Attorney General’s recent publication of “Privacy on the Go..…more