Proskauer - Privacy & Data Security

Digital Advertising Alliance Will Begin Enforcing Its Mobile Privacy Guidance in September

On Thursday, the Digital Advertising Alliance (“DAA”) announced that it will enforce its previously issued “Application of Self-Regulatory Principles to the Mobile Environment” (the “Mobile Guidance”) beginning September 1,…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Cybersecurity Guidance for Registered Investment Advisers

On April 28, the Securities and Exchange Commission (SEC) released a Guidance Update addressing the importance of cybersecurity and the steps registered investment advisers (and registered investment companies) may wish to…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Washington State Amends Breach Notification Law to Expand Notification Requirements

On April 23, 2015, Washington State Governor Jay Inslee signed into law a bill strengthening the state’s data breach notification law (amending Wash. Rev. Code §§ 19.255.010 and 42.56.590 and creating a new section). H.B. 1078…more
| Conflict of Laws, Elections & Politics, Privacy, Health, Science, Computers, & Technology

AT&T Pays $25 Million in FCC Settlement

In the largest ever data security enforcement action taken by the Federal Communications Commission (FCC), AT&T agreed to pay $25 million to resolve an investigation into consumer privacy violations at its call centers in…more
| Administrative Law, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

Department of Education Issues New Guidance Documents Relating to Student Privacy

The past few years have seen exponential growth in the use of technology in the classroom, with applications ranging from the increased availability and use of e-books to the displacement of physical classrooms through Massive…more
| Communications & Media Law, Education, Privacy, Consumer Protection, Science, Computers, & Technology

Australia’s New Mandatory Data Retention Law

Last week, Australia became the latest country to pass a mandatory data retention law. The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015, which amends Australia’s Telecommunications…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

When is Data Security “Unfair”?

Data security is big news. And so is the Federal Trade Commission (“FTC”). Put the two together in a crucible of litigation, and it is sure to be a blockbuster. That is what the closely-watched case FTC v. Wyndham, now pending…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

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 subject…more
| Administrative Law, Consumer Protection, Privacy, Health, Science, Computers, & Technology

European Union Cookie Sweep Highlights Need for Improved Compliance

On February 3, 2015, European data protection regulators released the Cookie Sweep Combined Analysis Report analyzing how websites use cookies to collect data from European citizens and highlighting noncompliance with Article…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

FTC Issues Report and Privacy Best Practices for the Internet of Things

On January 27, 2015 the Federal Trade Commission (the “FTC”) issued a report detailing best practices and recommendations that businesses engaged in the Internet of Things (“IoT”) can follow to protect consumer privacy and…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

SEC Releases Results of Cybersecurity Examination Sweep

By Rochelle Emert and Phillip Caraballo-Garrison On February 3, 2015, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert that summarized its findings about cybersecurity preparedness in the…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Privacy, Securities Law

Responding to the Anthem Cyber Attack

Anthem Inc. (Anthem), the nation’s second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of…more
| Labor & Employment Law, Privacy, Consumer Protection, Health, Science, Computers, & Technology

School’s Out: COPPA’s Limiting Reach in the Classroom

On January 23, 2015, Senior Attorney Lesley Fair at the Federal Trade Commission (“FTC”) posted on the Agency’s business blog clarifying how the Children’s Online Privacy Protection Act (“COPPA”) applies to schools. COPPA seeks…more
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Courts Address the Level of Security Banks Must Provide to Business Accounts

Big or small, all bank accounts are susceptible to hijacking and fraudulent wire transfers. Banks ordinarily bear the risk of loss for unauthorized wire transfers. Two independent frameworks exist to govern these transfers: the…more
| Finance & Banking, Privacy, Consumer Protection

What Preemption? Connecticut State Court Gives Life to Negligence Claims Based on HIPAA Privacy Standard of Care

Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws. When this…more
| Civil Procedure, Conflict of Laws, Personal Injury, Privacy, Health
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