Data Collection

News & Analysis as of

CMS Overhauls Clinical Laboratory Fee Schedule with Long-anticipated Final Rule

On June 17, 2016, CMS released a long-anticipated final rule revising the Medicare payment system for clinical diagnostic laboratory tests paid under the Clinical Laboratory Fee Schedule (CLFS) (the Final Rule). In 2018,...more

I am not a Crook: Avoiding the Politics of Data Preservation with a Defensible E-Discovery Process

Of course we've all heard about Hillary's emails, and Trump certainly has email trouble of his own. For a while, Politwoops kept track of mistweets and other online regrets even after they were deleted until Twitter (and...more

Mobile Advertising Company Settles FTC Charges It Tracked Consumers’ Locations Without Permission

InMobi, a Singapore-based mobile advertising company that allegedly tracked the locations of hundreds of millions of consumers – including children – without consent, will pay $950,000 in civil penalties and implement a...more

Going Geo-Loco: FTC Settles with Mobile Ad Network over Geolocation Collection

The FTC announced a settlement on Wednesday with mobile advertising company, InMobi Pte Ltd., concerning allegations that the company deceptively tracked the geolocation of hundreds of millions of unknowing consumers,...more

Equal Employment Opportunity Commission Issues New Guidance on Women’s Rights in the Workplace

On June 14, 2016, the Equal Employment Opportunity Commission (EEOC or Commission) participated in the White House United State of Women Summit. Coinciding with the Summit, the EEOC issued three resource documents that...more

FCC Privacy Regulations: The Next Litigation Trend?

Last month the Federal Communications Commission (“FCC”) closed the comment period for its proposed privacy regulations, which we previously wrote about here. The million dollar question on everyone’s minds is whether the...more

State Attorneys General And Consumer Advocates Push For Privacy Protections In FCC’s Set-Top Box Plan

On June 3, a group of 15 state attorneys general and the consumer advocacy group Consumer Watchdog each filed letters with the Federal Communications Commission (the “FCC”) urging the FCC to incorporate more stringent...more

How to Comply with the Children’s Online Privacy Protection Act (COPPA)

There are relatively few restrictions on collecting information from children offline. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy Protection Act...more

Connecticut governor signs student privacy act into law

On June 9, 2016, Governor Dannel Malloy, who continues to show his commitment to data privacy, signed An Act Concerning Student Data Privacy into law, effective October 1, 2016. The law requires any local or regional...more

LinkedIn + Microsoft: A win for the social media eco-system

By now, it’s old news that Microsoft purchased LinkedIn for $26.2 billion dollars in cash. Tech sites, Time, and even the Moody ratings agency have been fairly critical of Microsoft massively overspending on this acquisition....more

Union ‘Quickie Election’ Rule Survives Legal Challenge

A federal appeals court ruled that the NLRB’s “quickie election” rule is permissible and does not violate the law, meaning that employers will continue to have to live under the new and challenging regime that stacks the deck...more

Drones and Privacy Just Got More Complicated (Table Included)

As businesses seek to integrate into their workflows data collected from Unmanned Aircraft Systems (UAS), commonly known as drones, they are confronted with a very sensitive and complex issue: privacy. Currently, there...more

FTC Settles Case against Vulcun for Force-Installing Apps

On May 10, the Federal Trade Commission (FTC) announced it had approved an order with General Workings, Inc., d/b/a “Vulcun,” settling charges that the company violated the Federal Trade Commission Act (FTC Act) when it...more

EEOC Outlines Its Proposal to Collect Pay Data from Employers

Fifty years after the passage of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 making pay discrimination illegal, equal pay in the workplace is clearly a hot topic on the minds of our state and...more

What a Long Strange Trip It’s Been: E-Discovery Travel Guide Prepares Legal Teams for Adventure

The e-discovery process is definitely a trip. With each new matter comes new challenges, variables, data types, and key players—both inside and outside of your organization. And like a road trip, it can be a nightmare or a...more

FDA Clarifies Policy for Sharing Patient-Specific Data from Devices

Device manufacturers may share patient-specific information from a device with the patient without violating federal privacy requirements....more

CFPB Publishes Spring 2016 Regulatory Agenda

On June 9, 2016, the Consumer Financial Protection Bureau (CFPB) released its semi-annual regulatory agenda for Spring 2016. The agenda identifies the CFPB’s priorities through April 2017. While it does not include any major...more

European Commission Adopts Technical Standards on Requirements for Data Reporting Services Providers under MiFID II

The European Commission adopted a Delegated Regulation on Regulatory Technical Standards on the authorization and organizational requirements for, and publication of transactions by, Data Reporting Services Providers. The...more

White House Finalizes Data Security Framework For Precision Medicine Initiative

On May 25, 2016, the White House unveiled the final data security framework for its Precision Medicine Initiative (“PMI”). One of the main goals of PMI is to develop a research cohort for collecting health data from...more

Wave of the Future: Or, How I Learned to Streamline the E-Discovery Process from Howard Hughes

In 1935, Howard Hughes built and flew his revolutionary H-1 Racer. At that time, most of the United States’ military aircraft (such as the Curtiss P-6 Hawk) still used the same designs from the previous decade: biplanes with...more

NAIC Task Force Continues Work on Insurance Data Security Model Law

On May 24 and 25, the National Association of Insurance Commissioners (the NAIC) Cybersecurity (EX) Task Force (the Task Force) hosted a meeting in which state insurance commissioners and interested parties were invited to...more

Proposed amendment to Illinois biometrics privacy law introduced then stalled

On May 26, 2016, Illinois Senator Terry Link filed a proposed amendment to the Illinois Biometric Information Privacy Act that would presumably ease the rules relating to the collection and use of biometric data. What irked...more

Down to the Wire – OMB Approves Changes to FCC Form 481

The FCC announced on May 31 that the Office of Management and Budget (OMB) has approved changes to the FCC Form 481 (Carrier Annual Reporting Data Collection Form), which is due July 1. The revised Form 481 includes a...more

Fourth Circuit joins other circuits holding no warrant is required for cell tower data

The Fourth Circuit held that the Government is not required to obtain a warrnt for cell tower data in United States v. Graham, 4th Cir., No. 12-4659, en banc (5/31/16). The Court found that cell tower data was voluntarily...more

Illinois strengthens, expands scope of personal information protections

With the passage of the Illinois Personal Information Protection Act (HB1260) last month, Illinois substantially broadened the definition of personally identifiable information, and imposed requirements on data collectors for...more

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