Data-Sharing

News & Analysis as of

Digital Single Market Update: The European Commission’s Proposal to Revise the Audiovisual Media Services Directive

The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the...more

Illinois Revises Data Privacy Statute

Earlier this year, Illinois enacted a number of changes to the Illinois Personal Information Protection Act (“PIPA”). The amendments to PIPA, among other things, expand the definition of personal information subject to...more

EU-U.S. Privacy Shield: Companies Can Now Certify

As of, August 1st, 2016, U.S. companies can now join the Safe Harbor successor EU-U.S. Privacy Shield (the “Privacy Shield”) for personal data transfers from the EU to the U.S. This post gives a high level summary of...more

More (MACRA) Data Analysis, Please

On July 1, CMS finalized new MACRA rules that significantly expand how qualified data entities will be allowed to share or sell analyses of Medicare and private claims data to providers, insurers, employers, and others who,...more

Learning from Venmo’s Compliance Issues: How to Avoid Inadequate Privacy Disclosures

PayPal, the company responsible for the popular mobile payments app, Venmo, recently agreed to voluntarily bolster its privacy and security disclosures—and pay a $175,000 penalty—in response to an enforcement action brought...more

China Issues Guidance Clarifying Core Tasks and Deadlines for Application of the Country’s Telemedicine System

The Chinese government has been in the process of modernizing its telemedicine law and policy and associated infrastructure for nearly 2 years now, to support broad, domestic application of telemedicine. We outline one of the...more

FDA Regulatory and Compliance Monthly Recap – June 2016

FDA issues draft guidance to update policy on categorizing investigational device exemption devices to assist CMS coverage decisions - The draft guidance will amend the FDA’s 20-year-old policy for categorizing devices...more

NLRB Takes Steps To Facilitate Sharing Of Federal Contractor Labor Law Violations In Anticipation Of The Final Fair Pay And Safe...

In a July 1, 2016 memorandum (OM 16-23), the Office of the General Counsel for the National Labor Relations Board (“NLRB”) announced that it was beginning to take steps to comply with the Fair Pay and Safe Workplaces...more

City Transportation Officials Weigh-in on Automated Vehicles

Then National Association of City Transportation Officials (“NACTO”) released its policy recommendations for automated vehicles on June 23, 2016. Although much of the discussion to date has focused on the safety and...more

No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers

Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more

Third Circuit Lets Google Give Cookies to Kids

Rarely does whether a child has a cookie rise to the level of a federal question. However, on June 27, 2016, in In re Nickelodeon Consumer Privacy Litigation, No. 15-1441, a panel of the Third Circuit Court of Appeals...more

Third Circuit Tackles New VPPA and Other Privacy Questions in In re Nickelodeon Consumer Privacy Litigation

The Third Circuit Court of Appeals handed the defendants a partial victory in In re Nickelodeon Consumer Privacy Litigation on June 27. While its decision last year in In re Google Inc. Cookie Placement Consumer Privacy...more

NTIA Multistakeholder Process Finalizes General Privacy Guidelines for Commercial Facial Recognition Use

We’ve previously blogged about the National Telecommunications and Information Administration (NTIA) privacy multistakeholder process to address concerns associated with the emerging commercial use of facial recognition...more

Defend Trade Secrets Act Signed Into Law

In an era of unprecedented integration and collaboration in the healthcare industry, providers, payors, contractors and patients are exchanging information at an ever expanding pace. This collaboration includes sharing best...more

Voluntary best practices for drone privacy finally released

It’s here–last week, privacy groups and industry stakeholders that were participating in the National Telecommunications & Information Administration (NTIA) Multi-Stakeholder process released a set of best practices for...more

Notice of proposed rulemaking, exemption for biometrics database from the grasp of the Privacy Act

Last week, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking in the Federal Register moving to exempt the FBI’s biometrics database from the notice and consent provisions of the Privacy Act of 1974...more

Auto parts manufacturing company joins auto industry cybersecurity sharing group

We have previously reported on the efforts of the auto industry to become more aware of and address data security issues with smart cars. Delphi Automotive PLC has announced that it will join the Automotive Information...more

Consumer VPPA Class Action Against CNN Dismissed

The Northern District of Georgia recently granted CNN’s motion to dismiss a consumer class action that alleged CNN committed a violation of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Perry v. Cable News...more

FCC Proposes Sweeping Broadband Privacy Rules

Broadband Internet access service providers would face a new, top-to-bottom consumer privacy regime. Twelve months after the US Federal Communications Commission (FCC) imposed common-carrier telecommunications rules on...more

Judicial Redress Act Enacted

Yesterday evening, President Obama signed the Judicial Redress Act (“the Act”) into law. The Act extends the 1974 “Privacy Act” and provides qualifying non-U.S. individuals with limited rights to review, copy, and request...more

What’s In The Cybersecurity Act of 2015?

The Cybersecurity Act of 2015 became law on December 18, 2015. It’s the biggest piece of cybersecurity legislation passed by Congress in recent years. It authorizes and protects certain information-sharing for cybersecurity...more

Dubai's new data law - tapping a new well

If data is the new oil, then the Dubai Government is keen to tap the well. Dubai's recently issued "Dubai Data Law" (the Law) is a one of the latest examples of the progress being made by the Dubai Government to diversify and...more

FDA's Expanding Views on Cybersecurity and Medical Devices: Draft Guidance on Postmarket Management of Cybersecurity

Medical device manufacturers need to consider cybersecurity controls in all aspects of the product development process, from conception through commercialization. In response to concerns about increased cybersecurity...more

REMIT Update – Data Reporting and Enforcement Activities

As 2016 begins, energy market participants must prepare for the second and final phase of data reporting under the EU Regulation on wholesale energy market integrity and transparency (“REMIT”). Moreover, the EU Agency for the...more

DOT and automakers agree to data sharing pact to encourage best cybersecurity practices

The National Highway Traffic Safety Administration (NHTSA) has entered into a data sharing agreement with all of the major car manufacturers, which includes the requirement that the manufacturers develop best practices around...more

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