Privacy Policy

News & Analysis as of

White House Announces New Privacy Officer

Last week, the Office of Management and Budget created a new dedicated position for privacy within the Office of Information and Regulatory Affairs (“OIRA”). The privacy position will streamline the United States Government’s...more

Fenwick Privacy Bulletin - Fall 2016

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

Sharing Consumer Health Information? Look to HIPAA and the FTC Act

Does your business collect and share consumer health information? Check out these tips from the FTC for complying with HIPAA and the FTC Act....more

Asia-Pacific Data Flow

On October 19, the US Department of Commerce and the Personal Information Protection Commission of Japan announced their commitment to expand the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules (CBPR)...more

New Tool in Calif. AG’s Privacy Enforcement Efforts: Consumers

California Attorney General Kamala Harris is enlisting new enforcers in her efforts to get companies to comply with the state’s privacy policy requirements: members of the public. On October 14, Harris released an online...more

Attorney General Kamala D. Harris Provides New Online Tool to Report California Online Privacy Protection Act (CalOPPA) Violations

It’s time for a compliance check on those website or mobile app privacy policies, before the California Attorney General comes knocking. Attorney General Kamala D. Harris has announced the release of a new tool for...more

California Attorney General 'Crowdsources' Reporting of Privacy Policy Violations

This initiative by the Attorney General is effective immediately and is just the latest example of California’s effort to increase enforcement of laws aimed at protecting the privacy and data security of individual consumers....more

Ten Things to Know About the CMS Long-Term Care Requirements Final Rule

Deadlines are looming to come into compliance with sweeping changes to the Centers for Medicare & Medicaid Services (CMS) requirements for long-term care facilities (LTC) participating in Medicare and Medicaid. The CMS final...more

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to...more

Time to Set the Clock: Self-Regulatory Enforcement of Cross-Device Tracking Begins in February 2017

The Digital Advertising Alliance (DAA) recently announced that self-regulatory enforcement of its cross-device guidance will begin in February 2017. Accordingly, companies that engage in cross-device tracking and...more

UK ICO Offers Guidance on Privacy Notices Under the GDPR and the UK Data Protection Act

In an anticipated guidance, the United Kingdom's Information Commissioner's Office (ICO) updated its code of practice for privacy notices titled Privacy notices, transparency and control (the Code). Significantly, the ICO has...more

Newly launched online complaint form in California boosts incentive to post accurate privacy policies

Online businesses and those with mobile applications have a new incentive to post privacy policies that comply with the California Online Privacy Protection Act (CalOPPA). California Attorney General Kamala Harris launched...more

I accept!

So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

California Helps Consumers Crowdsource Privacy Policy Violations

California Attorney General Kamala Harris announced yesterday that her office has rolled out a new online form to help consumers report companies who violate California’s Online Privacy Protection Act (CalOPPA). Under the...more

FCC Chairman Moves to Regulate Broadband Consumer Privacy

On October 6, Federal Communications Commission (FCC) Chairman Tom Wheeler released a factsheet outlining proposed rules aimed at protecting broadband consumers’ privacy. The proposed rules would apply to internet service...more

Retail and Consumer Products Law Roundup - October 2016

Supreme Court to Review Credit Card Surcharge Statutes - Why it matters: In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card...more

Why Retaining a Mobile App Lawyer Is So Important

Mobile App Lawyers Help Secure Your Mobile App Assets Mobile applications, or “apps,” have become an extremely popular vehicle for providing entertainment to end-users, developing brand loyalty and enhancing the consumer...more

App Maker Settles COPPA Matter with Texas AG

On Monday, the Texas State Attorney General announced that it reached a settlement with app maker Juxta Labs, Inc. (“JLI”) regarding its information collection practices. The Attorney General had been investigating JLI for...more

‘Pokémon Go’ All Fun and Games Until Someone’s Privacy is Invaded

Unless you’ve been living under a rock (like some of the mythical Pokémon do) you have no doubt heard of “Pokémon Go,” the location-based, augmented reality game in which players use the GPS, camera and gyroscope...more

Social Media Safety Guide for Companies

We’re delighted to publish our Social Media Safety Guide for Companies, which highlights key considerations to keep in mind in using social media to promote your company’s products and services and to engage with customers....more

State Attorneys General Urge FCC To Drop ISP Privacy Plan

The Federal Communications Commission (“FCC” or “Commission”) issued a Notice of Proposed Rulemaking in March of this year to assert the Commission’s regulatory reach over internet service providers (“ISPs”), specifically the...more

Onward Transfer Grace Period Ends September 30

The EU-US Privacy Shield became operational on August 1, 2016; a nine-month grace period for compliance with the onward transfer requirements applies for organizations that sign up to the Privacy Shield prior to October 1,...more

How to Respond to Civil Subpoenas and Document Requests That Ask For Personal Information

Litigants in a civil dispute often use subpoenas, subpoenas duces tecum, and discovery requests to obtain personal information about individuals who may not be present in the litigation. A request for documents and...more

Organizing Data Privacy Within A Company

Although organizations have dealt with privacy issues for years, only in the past decade have they begun to view the complexities of privacy as requiring formal organizational structure, dedicated employees, and/or dedicated...more

Manatt Digital - September 2016

Digital Health Continues to Grow - Investment into the digital health market topped $4.5 billion in 2015, and we are seeing an acceleration of investment in 2016. According to StartUp Health, investment into the digital...more

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