Data-Sharing

News & Analysis as of

Congress, FCC Weigh Measures to Repeal ISP Privacy Rules

Last October, the Federal Communications Commission (FCC) approved new privacy rules governing how Internet Service Providers (ISPs) are permitted to use and share its customers’ personal information. The rules have been...more

ABA comments on CFPB’s RFI on consumer access to financial information

The American Bankers Association has submitted a comment letter in response to the CFPB’s request for information regarding consumer access to financial information. The ABA observes that while larger institutions have...more

DSM webinar highlights tax, competition law, copyright, AVMS and data economy issues for 2017

In a February 7, 2017 webinar, the Hogan Lovells Digital Single Market (DSM) team presented its take on new developments for 2017. Peter Watts introduced the session by warning that the loss of the UK voice in EU policy...more

Florida Supreme Court: Federal PSQIA Does Not Pre-empt State's Constitution

In Charles v. Southern Baptist Hospital of Florida, Inc., published on Jan. 31, 2017, the Florida Supreme Court held that the federal Patient Safety and Quality Improvement Act (PSQIA) is not and was never intended to be a...more

Disclose and Follow Standards for Collection and Sharing of Customers’ Online Behavioral Data

Many retailers engage in behavioral advertising, which refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two...more

Know Where Your Student Data is Going!

As we move into the second half of the school year, we want to remind districts and charter schools of the importance of securing and protecting student data. Educators use and share student data in dynamic ways that improve...more

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more

WhatsApp-Facebook Data Sharing Attracts Scrutiny from EU Privacy Authorities

European Data Protection Authorities (DPAs) recently launched investigations into WhatsApp’s sharing of user data with Facebook. (Facebook owns WhatsApp.) DPAs ordered WhatsApp to stop sharing the data pending the...more

UK ICO recommends personal liability of directors for breaches of data protection law

At a recent Parliamentary meeting to discuss the draft Digital Economy Bill, the UK Information Commissioner recommended imposing personal liability and accountability upon company directors. If such liability is imposed, it...more

FCC Issues New Privacy Regulations for Broadband Providers

Today, the US Federal Communications Commission (FCC) approved far-reaching new information privacy rules that will govern how providers of broadband Internet access service collect, use, protect, and share data from their...more

New Report Outlines 5 Year Plan to Achieve Cancer Moonshot

The Cancer Moonshot Task Force has just released its 5 year plan for implementing President Obama’s “Cancer Moonshot” program (“Report”). The initiative, announced during President Obama’s 2016 State of the Union Address, is...more

Health Update - October 2016

Defining and Resolving the Provider Data Dilemma - Editor’s Note: Provider data drives the most fundamental processes in the healthcare system. Inaccurate provider data puts patient care and billions of dollars at risk....more

FDA Planning Board Emphasizes Use of Data Sharing in Medical Device Monitoring

The FDA‘s planned National Evaluation System for Health Technology (NEST) will focus on new forms of clinical data, data sharing, and advanced analytics as the keys to optimizing the medical device ecosystem, says a new...more

DOT Shifts Into Gear on Self-Driving Cars and Issues New Automated Vehicles Policy

The National Highway Traffic Safety Administration (NHTSA) has issued a comprehensive policy on “automated vehicles,” more commonly known as self-driving cars. Part of the U.S. Department of Transportation, NHTSA is the...more

NHTSA Releases Autonomous Vehicle Policy and Guidelines

Today, the National Highway Traffic Safety Administration (NHTSA) released its long-awaited Policy and guidelines regarding autonomous vehicles. The Federal Automated Vehicles Policy consists of four parts: (1) Vehicle...more

UK Digital Economy Bill

The UK government has published its Digital Economy Bill, intended to lead to a new Digital Economy Act. Although this is not the first time that the UK has produced legislation on the Digital Economy, the timing of the...more

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

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

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Cybersecurity

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