Privacy Laws

News & Analysis as of

OCR announces launch of Phase 2 of HIPAA audits

Although the Office for Civil Rights (OCR) has indicated in the past that it would start its next round of HIPAA audits, apparently it means business now. In the wake of an Inspector General report that the OCR was merely...more

Comment period extended for NIST Cybersecurity Practice Guide

The National Institute of Standards and Technology has announced that due to stakeholder feed-back, the period to submit comments for the draft guide, “Securing Electronic Health Records on Mobile Devices” has been extended...more

Cacophony in the E.U. About National Data Retention Laws

The European Commission made it clear on September 16, 2015, that the issue of whether to introduce national data retention laws is a national decision. The European Commission has no intention of going back on this statement...more

EU endorsement of Safe Harbor will be decided on October 6

Last week, (September 23, 2015), Advocate General Yves Bot (AG), an adviser to Europe’s highest court, issued a nonbinding opinion that the agreement between the EU and the U.S. for data transfers from the EU to the U.S....more

Notifying Parties In Username/Password Breaches . . . It’s Not Just the Law

As we head into the end of 2015, state legislators across the country continue to strengthen, update and, in some instances, broaden the scope of their respective state data breach notification laws. Specifically, many...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19253 - RBC Nice Bearings, Inc. v. SKF USA, Inc. [An important decision on contract waiver but one all attorneys should recall from the UCC or Contracts course we took...more

Illinois Resurrects Anti-Recording Law

Most states have laws restricting surreptitious recording of conversations, although the terms often vary as to what consent is required. While a prior Illinois law had been declared unconstitutional after a citizen was...more

Social Media Employee Privacy Laws – The New Majority Approach?

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more

EU Court Opinion Puts Pressure on Reform of U.S.-EU Safe Harbor for Data Transfers

A European court has taken an initial step toward invalidating the U.S.-EU Safe Harbor Framework, one of the primary means for transferring personal data of Europeans to the U.S. It adds more pressure on EU authorities and...more

When HR Meets Law: Social Media in Recruitment

(Chinese & English version) In recruitment,the use of personal information collected via social media platform may create risks of discrimination and privacy invasion. With the revolution of information technology,...more

New Amendments to Japanese Privacy Law

Act on the Protection of Personal Information (the "APPI"), which was enacted in 2003 and which went into full effect in 2005, has not been amended since. Over the following decade, the advent of "big data" and the...more

How to Avoid and Respond to a Cybersecurity Breach

In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more

OCR Enters into $750,000 Settlement with Physician Practice for HIPAA Violations

On September 2, the Department of Health and Human Services Office of Civil Rights (OCR) announced a settlement with Cancer Care Group, P.C., a thirteen-physician oncology practice in Indiana related to violations of the...more

Avoiding the Costly “Robo No-No”

The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more

EU and U.S. Reach “Umbrella Agreement” on Data Transfers

The EU and U.S. reached an agreement on Tuesday (9 September) which will enable the two sides to exchange personal data during criminal and terrorism investigations....more

Employment Law Briefing

Whistleblowing can be a valuable tool for businesses, providing an early warning system against corporate malpractice and demonstrating a compliance culture. Hotlines are now established as an important tool in the...more

Five Legal Issues Your eSports Company Needs to Know About Operating in the U.S.

With a $143 million market in North America, eSports is big business in the U.S. And given its swift rise in popularity – 205 million people worldwide watched or played eSports in 2014, it will only become bigger. At last...more

Health Alert (Australia) - September 14, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments New South Wales (NSW) 9 September 2015 - Idameneo (No 123) Pty Ltd v Auzcare Pty Ltd [2015] NSWSC...more

Alert: Key Regulatory Considerations for Digital Health Companies

Digital health is a growing field that promises improved patient education, wellness, engagement, access to care, and outcomes, among other things. However, with these new technologies come unique regulatory concerns that...more

Landmark Case for Abuse of Personal Data

In the September 9th landmark decision, the Hong Kong Magistrates' Court convicted Hong Kong Broadband Network ("HKBN") of a criminal offence for failing to comply with the direct marketing provisions of the Personal Data...more

First Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class Certification Won’t Moot Plaintiff’s Claims. Will Supreme...

The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The...more

U.S. Department of Education issues FERPA guidance related to medical information

In conjunction with the new school year, the U.S. Department of Education issued guidance, in the form of a “Dear Colleague” letter, to higher education institutions to remind them of FERPA’s requirements as they relate to...more

Internet of Things – What does it mean for business?

What is the Internet of Things? The 'Internet of Things' (IoT) is a catchphrase describing the increasing interconnectedness between smart devices and sensors facilitated through their connection to the internet. It's not a...more

Too Little, Too Late: Eleventh Circuit Rejects Multiple Bites At The Apple For Class Claims

Defendants can add a new decision to their arsenal for defending against multiple proposed class actions on the same claims. The Eleventh Circuit recently issued a decision in Ewing Industries Corporation v. Bob Wines...more

Global Privacy Sweep Finds Privacy Issues in Children’s Apps

Last week, the Global Privacy Enforcement Network (GPEN) released the results from their third annual Privacy Sweep. Twenty-nine privacy enforcement authorities spread across 21 countries reviewed 1,494 websites and mobile...more

481 Results
View per page
Page: of 20

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.