News & Analysis as of

Data Protection Regulation Proposal Approved by the European Parliament

The European Parliament has finalized its version of the proposed Data Protection Regulation, which would substantially change personal data protection rules in the 31-country European Economic Area. The Parliament’s LIBE...more

EU Member State Leaders Vote to Delay Adoption of New Data Protection Framework

On October 24th, at the European Council summit in Brussels, leaders from the 28 EU member states agreed to push back the deadline for the adoption of the new EU data protection framework, agreeing that the deadline should be...more

Proposed Amendment to EU Privacy Regulations May Force Choice Between Violating US and EU Law

On Monday, October 21, 2013, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted to approve an amended version of the proposed EU General Data Protection Regulations. Included in the...more

New EU Data Protection Regulation – Do you move data across borders? Read this post.

As also reported yesterday by our colleagues Emma Thomas and Jim Halpert, last October, 21 the EU Parliament’s Civil Liberties Committee (LIBE) has approved a compromise set of amendments to the EU Data Protection...more

European Parliament Adopts Compromise Amendments on Data Protection Regulation

Introduction - On October 21, 2013, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) held its long-awaited vote and adopted compromise amendments that would modify the...more

EU Data Protection Regulation: Do you move data across borders? New EU amendments aim to give more individual control over...

The EU Parliament’s Civil Liberties Committee (LIBE) has approved a compromise set of amendments to the EU Data Protection Regulation that moves the Parliament’s position to the left. Two earlier proposals, from the...more

OCR Delays Required Changes to Notices of Privacy Practices for Laboratories

The HHS Office of Civil Rights (OCR) has granted certain clinical laboratories a temporary reprieve from the requirement to update their Notices of Privacy Practices (NPPs) by September 23, 2013, the deadline imposed by the...more

China Takes Further Steps to Strengthen the Protection of Personal Information

Recent provisions issued by China’s Ministry of Industry and Information Technology underscore the country’s increased emphasis on the protection of telecommunications and internet users’ personal information....more

New Law on Customer Data Protection in China Impacting Telecom and Internet Companies

The Rules Regarding the Protection of Personal Information of Telecommunications and Internet Users (the “Rules”) were adopted and announced on July 16, 2013 by the Chinese Ministry of Industry and Information Technology (the...more

Data Protection Act – Obligations of Liquidators

A judgment recently handed down from the High Court clarifies the obligations of liquidators under the Data Protection Act 1998, providing them with greater personal protection from fines or other sanctions. Reed Smith...more

The Costs of Data Breach

Scott & Scott, LLP attorney, Brian Von Hatten, suggests organizations should take necessary and required measures to safeguard consumer's personally identifiable information (PII) because of the significant risks and...more

Wyndham Case Challenges FTC’s Authority Over Cybersecurity

Over the past decade the Federal Trade Commission has brought cybersecurity enforcement actions against various private companies, imposing tens of millions of dollars in monetary penalties and requiring companies to maintain...more

Chinese Ministry of Industry and Information Technology Issues Draft Provisions Governing Protection of Personal Information

As we reported in our client alert on January 23, 2013, the Standing Committee of the National People’s Congress issued a Decision on Reinforcing the Protection of Network Information on December 28, 2012. To implement this...more

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - April 12, 2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY - CRIMINAL...more

Colombia Raises the Stakes on Data Privacy Protection

Colombians enjoy broad personal privacy rights such as: (i) personal and familial privacy; (ii) protection of good name; (iii) protection of personal correspondence and other personal communications; and (iv) access to...more

Significant Changes to HIPAA Effective March 26, 2013

The following is a summary of the major changes to HIPAA under the new Final Rule: 1. Breach Notification Standard Lowered — In perhaps the most significant change under the Final Rule, the new regulations considerably...more

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Changes to the HIPAA Enforcement Rule - Background: On October 30, 2009, HHS issued an interim final rule revising the Enforcement Rule to incorporate provisions of the HITECH Act. The NPRM then proposed a number of...more

What Do Employers Really Need to Know About the New HIPAA/HITECH Omnibus Final Rule?

The Health Insurance Portability and Accountability Act/Health Information Technology for Economic and Clinical Health Act Omnibus Rule, published in the Federal Register Jan. 25, makes many changes to the HIPAA Privacy Rule,...more

UK Data Protection Regulator ICO Flexes Power to Impose Fine - Sony Fined for Data Breach

Introduction - On 24 January 2013, the UK Information Commissioner’s Office (ICO) served Sony Computer Entertainment Europe Limited (“Sony”) with a monetary penalty of £250,000 following a serious breach of data security...more

HHS Publishes Long-Awaited Final Omnibus Rules for HIPAA

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) published today the final regulations for the HIPAA Privacy, Security, Enforcement and Breach Notification Rules (the Omnibus Rules). The Omnibus...more

Final Regulations Address Privacy and Security of Health Information

The U.S. Department of Health and Human Services (HHS) issued final regulations last week that modify many aspects of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA) and...more

China’s Legislature Weighs in on Online Data Privacy; Other Recent Privacy Developments in China

On December 28, 2012, the Standing Committee of the National People’s Congress (“NPC”), China’s legislature, weighed in on the subject of data privacy with its promulgation of the Decision on Reinforcing the Protection of...more

HITECH Omnibus Rule Basics

As we pore through the 562-page HITECH Omnibus Rule released by the Department of Health and Services late yesterday afternoon, here are some top line bullet points...more

The HIPAA/HITECH Final Rule Has Been Released

The long awaited HIPAA/HITECH Final Rule is out. The final rule is effective March 26, 2013, but covered entities (CEs) and business associates (BAs) will have 180 days beyond the effective date to come into compliance....more

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