Privacy Laws

News & Analysis as of

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

Internet Service Providers Face New Regulatory Environment in the FCC’s Privacy and Security Proposal

On March 31, 2016, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM) of privacy and security regulations for Internet service providers (ISPs). The NPRM, In The Matter of Protecting the...more

Facebook, Healthcare Provider Websites and HIPAA

In a class action Complaint filed in the Northern District of California on March 15, 2016, Kiesel Law LLP, on behalf of primary plaintiff Winston Smith and a potential class of others, alleges that Facebook received...more

European Commission Launches Public Consultation on Revision of ePrivacy Directive

Pursuant to its Digital Single Market strategy and adoption of the General Data Protection Regulation (GDPR), the European Commission (EC) has launched a public consultation on the revision of Directive 2002/58/EC, better...more

In the Global War for Data Privacy, Germany, France and Norway Launch First Strikes under ‘The Shield’

In the comic book world, one is often either a DC person or a Marvel person. In the data privacy world, one could say the European Court of Justice ruling last fall inspired the switch from DC’s Aquaman’s (Safe) Harbor to...more

FCC Proposes Privacy Rules for Broadband Providers

In a recently issued Notice of Proposed Rulemaking, the FCC asked for comments on proposed rules that would apply the traditional privacy requirements of the Communications Act to providers of broadband Internet access...more

California AG Harris Announces Settlement with San Francisco-Based Bank Over Consumer Privacy Violations

On March 28, California AG Harris announced an $8.5 million settlement with a San Francisco-based bank for alleged violations of California consumer privacy laws. Specifically, AG Harris’s and five district attorneys’...more

This Call May Be Recorded: Wells Fargo to pay $8.5 million in consumer privacy case

On March 29, 2016, Wells Fargo settled a suit brought by California State Attorney General Kamala Harris and five district attorneys from Los Angeles, Riverside, Ventura, San Diego and Alameda counties, alleging the San...more

FCC Announces Broadband Privacy Proposal

FCC Chairman Tom Wheeler has announced that a proposed rulemaking is being circulated among the Commissioners that would establish privacy and data security requirements applicable to providers of broadband Internet access...more

Article: Safe Harbor No More: Navigating Unchartered Waters After the European Court of Justice Ruled the European Commission’s...

Not surprisingly, different governments and regulatory bodies have different views on how to strike the right balance as to the protection of the individual’s right to privacy (especially personal data), the facilitation of...more

SAMHSA Proposes Revisions to Substance Abuse Records Privacy Protections to Support Delivery Reform

The Substance Abuse and Mental Health Services Administration (SAMHSA) published a proposed rule on February 9, 2016 that is intended to modernize regulations governing the confidentiality of substance abuse records to ensure...more

Privacy & Cybersecurity Update - January 2016

In this edition of our Privacy & Cybersecurity Update, we discuss, among other matters, the status of the EU/U.S. Safe Harbor negotiations, as well as changes to privacy laws in Delaware and California that regulate online...more

Oklahoma and Virginia become newest states to consider social media legislation

The list of states that have passed social media legislation is getting longer. Early next week, Oklahoma will become the newest state to consider social media legislation (along with approximately 23 others) to prohibit...more

Examining the Judicial Redress Act

The proposed Judicial Redress Act has recently been touted as a critical step towards developing a revised “Safe Harbor 2.0? framework. (See our prior posts on Safe Harborhere and here.) This post summarizes the essential...more

"Emerging Trends in Privacy and Cybersecurity"

Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more

The Exception that Proves the Rule? European Court of Human Rights Okays Employer’s Access to Personal Communications of Employee...

The European Court of Human Rights recently ruled in Barbulescu v. Romania (Application no. 61496/08) that a Romanian employer did not violate its employee’s fundamental right of privacy when the employer accessed personal...more

Independent audit recommends updates to CFPB privacy policies

The CFPB has released a report for FY 2015 prepared by KPMG LLP of its independent audit of selected CFPB operations and budget. An annual independent audit is required by the Dodd-Frank Act. The report dated December 18,...more

CISA Gives Leeway in Network Monitoring, But Not Without Risk

As we wrote last week, The Cybersecurity Act of 2015 – better known to some as the Cybersecurity Information Sharing Act of 2015 – was signed into law in December 2015. Privacy advocates had decried CISA in its original form...more

News from the Vermont Statehouse - An analysis from DRM's Government & Public Affairs Team - January 2016 #1

Labor Commissioner Proposes Independent Contractor Legislation - Few issues have proven to be as perennially vexing to the legislature as the definition of “independent contractor.” Legislators hear repeated complaints...more

Our List of Lists

January is the month when lists—lists of predictions, lists of trends, lists of feats and lists of failures—pervade social media newsfeeds and publications’ headlines. Here at Socially Aware we’re making an annual tradition...more

Luxembourg Presidency agrees Data Protection Package

The Luxembourg Presidency has reached an informal agreement with EP on a Data Protection Package to set out new European rules on privacy. ...more

Germany Permits Consumer Protection Associations to File Class Actions for Violations of Data Protection Law

On December 17, 2015, the German Parliament passed a new act which permits consumer protection associations, industry and commerce chambers or other approved business associations to file privacy class actions. The law is...more

ProPublica releases HIPAA Helper

A damning series of reports by ProPublica has revealed that based upon its analysis of federal data, “hundreds of health providers nationwide” have repeatedly violated HIPAA between 2011 and 2014. According to the...more

Does your organization’s new year’s resolution violate employee privacy?

One of the most common New Year’s resolutions is a renewed commitment to health and fitness. Many employers also seek to update or introduce wellness programs at the beginning of the year with the goal of improving their...more

The EU General Data Protection Regulation

On December 15, 2015, European Union (“EU”) politicians and officials reached a political agreement on a new EU-wide legal framework to govern data sharing and collection and related consumer privacy rights. It is called the...more

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