News & Analysis as of

Personally Identifiable Information New Guidance

Polsinelli

Biden’s October 30, 2023, Executive Order on AI: Key Takeaways for Health Care Stakeholders

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The emergence of generative machine learning models, such as ChatGPT, has led to a surge in interest in artificial intelligence (“AI”) over the past year. This increased interest extends to the health care industry, where AI...more

Fisher Phillips

7 Steps to Success: China Releases New Guidelines on Standard Contracts for Exporting Personal Information

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Chinese government data privacy officials recently implemented Guidelines for Filing of Standard Contracts for Export of Personal Information that carry significant consequences for non-compliance – which means organizations...more

Franczek P.C.

U.S. Department of Education Releases New Guidance Regarding FERPA and Student Health Records

Franczek P.C. on

The United States Department of Education (DOE) recently released two new guidance documents focused on student health records to remind schools of their continued obligations to protect students’ rights under the Family...more

McDermott Will & Emery

HHS Issues Guidance on Requirements Under HIPAA for Online Tracking Technologies, Addressing Privacy and Security Concerns Related...

McDermott Will & Emery on

On December 1, 2022, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) issued a Bulletin on the obligations of covered entities and business associates (regulated entities) under the...more

Sheppard Mullin Richter & Hampton LLP

OCR Releases Guidance on Use of Tracking Technologies

Most companies operating websites and mobile apps use some form of tracking technologies on these digital properties. While these types of technologies have been used for some time and serve a variety of purposes, the use of...more

Holland & Knight LLP

HHS Offers HIPAA Guidance on Online Tracking Technologies

Holland & Knight LLP on

For years, patients and healthcare companies have been wrestling with privacy issues relating to cookies, pixels and other tracking technologies. The U.S. Department of Health and Human Services' (HHS) Office of Civil Rights...more

Burr & Forman

FINRA Urges Firms to Heed CISA/FBI “Shields Up” Warning on Russia

Burr & Forman on

The regular “Weekly Update” email from the Financial Industry Regulatory Authority (“FINRA”) had an eye-catching warning February 16, urging broker-dealer member firms to heed the “Shields Up” cyber threat warning from the...more

Robinson+Cole Data Privacy + Security Insider

CISA Warns “Every Organization” in U.S. to Assess + Respond to Cyber Risks

The Cybersecurity & Infrastructure Security Agency (CISA) recently issued another warning to “every organization” in the U.S. about cybersecurity risks during the ongoing escalation of tension between the U.S. and Russia over...more

Lighthouse

2021 Data Privacy Overview: New Regulations and Guidance

Lighthouse on

While everyone hoped that 2021 would be less tumultuous than 2020, it certainly did not turn out that way in the end. The same was true in the world of data privacy – with sweeping new data protection regulations and guidance...more

Polsinelli

Federal Banking Regulators Issue Rule Requiring 36 Hour Notice of Ransomware and Other Disruptive Cybersecurity Incidents

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On November 18, 2021, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Office of the Comptroller of the Currency issued a joint final rule to require banking...more

Poyner Spruill LLP

Plan Cybersecurity Guidance: DOL Enforcement Warrants Plan Sponsor Action

Poyner Spruill LLP on

Benefit plan sponsors and plan fiduciaries should take note and act quickly—the Department of Labor (DOL) has issued a new cybersecurity guidance package with far-reaching effects and has already begun including this in its...more

BCLP

ERISA Fiduciary Obligations Expanded to Include Mitigation of Cybersecurity Risks

BCLP on

The clouds have been forming on the horizon for years now: from the courts we have seen emerging lines of ERISA litigation asserting fiduciary obligations to protect the privacy rights of participants, and from the regulatory...more

Hogan Lovells

To pay or not to pay: Another regulator weighs in on the decision to pay a ransom

Hogan Lovells on

Ransomware victims face a nearly impossible decision: pay criminals holding their business hostage or refuse and face possible crippling consequences. This decision requires careful analysis of a number of considerations, and...more

Akin Gump Strauss Hauer & Feld LLP

Coalition of African Nations to Coordinate Data Protection Framework

A coalition of African nations have developed a data protection framework with the goal of centralizing data protection laws and the digital economy across Africa. Currently, five countries, including Nigeria, are testing the...more

Fisher Phillips

California AG Proposes Further Revisions To State Privacy Law Regulations

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The California Attorney General just proposed a third set of modifications to the regulations implementing the state’s landmark privacy law. The regulations for the California Consumer Privacy Act (the CCPA) had previously...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2020

In this month's edition, we examine the Swiss data protection authority's comments on the validity of its data-sharing framework with the U.S., as well as the European Data Protection Board's guidance on joint controllers and...more

Akin Gump Strauss Hauer & Feld LLP

Vermont Attorney General Provides Guidance on Security Breach Notice Act

On March 5, 2020, Gov. Phil Scott (VT-R) signed into law amendments to the Security Breach Notice Act (the “Act”). The amendments, which originated in the State Senate as part of an initiative addressing a number of data...more

Orrick, Herrington & Sutcliffe LLP

Guidance from E.U. Supervisory Authorities on Data Processing in a Time of COVID-19

The European Data Protection Board (EDPB) and a number of European data protection supervisory authorities have recently issued guidance on processing personal data, including special categories of personal data (i.e., health...more

Robinson+Cole Health Law Diagnosis

U.S. Health & Human Services – Office of Civil Rights Issued Guidance Regarding HIPAA Privacy and Novel Coronavirus

The Office of Civil Rights (OCR) last month provided guidance and a reminder to HIPAA covered entities and their business associates regarding the sharing of patient health information (PHI) under the Health Insurance...more

Bricker Graydon LLP

FTC announces new and improved data security guidance

Bricker Graydon LLP on

On January 6, 2020, Andrew Smith, Director of the Federal Trade Commission (FTC) Bureau of Consumer Protection, announced three significant improvements to the FTC’s approach to data security enforcement cases....more

White & Case LLP

New Guidelines re: Application of ASBP to Transactions between Digital Platforms and Consumers

White & Case LLP on

The Japan Fair Trade Commission ("JFTC") issued "Guidelines Concerning Abuse of Superior Bargaining Position in Transactions between Digital Platform Operators and Consumers that Provide Personal Information, etc."...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

White & Case LLP

GDPR Guide to National Implementation - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on

Foreword - European data protection laws have made significant strides in the last two decades. Privacy and data protection laws have undergone dramatic changes over the last 20 years, in a race to keep up with technology....more

King & Spalding

Safe and Sound - FINRA and the SEC Issue Guidance on Handling Customer Information and Communications

King & Spalding on

Recently, the Financial Industry Regulatory Authority (“FINRA”) and the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) separately issued important guidance regarding customer communications surrounding the...more

Franczek P.C.

New Guidance Addresses FERPA Related to School Safety

Franczek P.C. on

On the heels of a report by the Federal Commission on School Safety suggesting that many school leaders remain confused about the ability to share student identifying information during an emergency situation, the Department...more

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