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Examining the Likely Impact of Washington’s My Health, My Data Act on Class Action Litigation Involving Biometric Data

On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act...more

Examining the Private Right of Action in Washington’s My Health My Data Act

Washington’s groundbreaking “My Health My Data Act” (HB 1155) (the Act) was signed into law on April 27, 2023. This Act imposes new requirements on the processing and sale of consumer health data by organizations with a nexus...more

The New EU-U.S. Data Privacy Framework in Half a Dozen FAQs

On July 10, 1962, NASA launched Telstar 1, the first active communications satellite linking Europe and the United States through live television transmission. Sixty-one years later, on July 10, 2023, the European Commission...more

New York State Adds Health Care Geofencing Prohibition, Taking a More Measured Approach Than Washington’s Similar Ban

As part of the health budget bill signed by Governor Hochul in early May, New York has amended its General Business Law, introducing a prohibition on geofencing of health care facilities that goes into effect on July 2, 2023...more

An Introduction to Washington’s My Health My Data Act

On April 17, the Washington legislature passed the My Health My Data Act (MHMD Act), which includes some of the most restrictive provisions in any U.S. state privacy law....more

Washington State’s New Shield Law, Part of Washington’s ‘Choice-Defending Agenda,’ Modifies Obligations Related to Other States’...

Entities that receive criminal process (such as subpoenas or search warrants) in Washington state should review Washington’s new Shield Law, which the legislature just passed as part of its post-Dobbs “choice-defending...more

My Health My Data: New Proposed Washington Law Aims to Protect Consumer Health Data

Since the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, healthcare privacy has become a more urgent issue as states such as Missouri seek to limit women from obtaining abortions in other states....more

Former Uber Chief Security Officer Convicted of Federal Obstruction and Concealment Crimes in Connection with Extortionate Data...

On October 5, 2022, a federal jury found Joseph Sullivan, Uber’s former chief security officer, guilty of obstruction of justice and misprision of a felony in connection with his role in responding to a 2016 data breach...more

The FTC’s Latest Staff Report on Dark Patterns: A Warning for Marketing Teams and UX Designers

​​​​​​​The Federal Trade Commission issued a detailed [staff report] on September 15 addressing Dark Patterns (or what some more descriptively call “manipulative design,” but Dark Patterns seems to be sticking). Regulators...more

2022 DSIR Deeper Dive: Increased Regulatory Scrutiny of Cybersecurity Incidents

Our 2022 Data Security Incident Response Report discussed the increased regulatory scrutiny of cybersecurity incidents and defenses following a year of high-profile and damaging cyberattacks, including the Russia-based...more

International Data Protection Update - Winter 2021/2022

This Update highlights some of the international data protection issues that caught our attention and the attention of our clients over the winter, including updates on European data transfers and cookie compliance,...more

Federal Banking Regulators Issue 36-Hour Computer-Security Incident Notification Requirement

As the federal government continues its whole-of-government response to cyber incidents, federal banking regulators took action to impose a new notice requirement on federally regulated banks. In November, the Federal Deposit...more

Are More European Standard Contractual Clauses Coming?

On November 18, 2021, the European Data Protection Board (EDPB) adopted its new draft guidance on the interplay between Article 3 of the European Union’s General Data Protection Regulation (GDPR) and Chapter V of the same...more

International Data Protection Update – Summer 2021

This update highlights some of the international data protection issues that caught our attention, and the attention of our clients, over the summer. Asia-Pacific - China’s Data Security Law and Personal Information...more

Colorado’s Privacy Act: A Curve Ball on Consent and Targeted Ads

On July 7, 2021, Gov. Jared Polis signed the Colorado Privacy Act (CoPA) into law, making Colorado the third state to enact a comprehensive privacy law, joining California and Virginia. The Act goes into effect on July 1,...more

The Brave New World of Cybersecurity Compliance—Key Takeaways from Recent Government Action on Cybersecurity

After a series of high-profile supply chain and ransomware attacks, the federal government is ramping up its effort to improve the nation’s cybersecurity. In the past several months, multiple federal departments and agencies...more

Updated EU Standard Contractual Clauses Are Finally Here

On June 4, 2021, the European Union’s (EU) executive branch, the European Commission (EC), released their new Standard Contractual Clauses (SCCs) for compliant cross-border data transfers under the EU’s General Data...more

Responding to Supply-Chain Risk—It's Not Just About Vendor Management

Organizations around the globe began 2021 grappling with two significant supply-chain attacks. First, the SVR, Russia’s foreign intelligence service, planted malicious code in Orion, SolarWinds’ flagship network management...more

Private Right of Action May Again Poison Washington Privacy Act

On March 26, with less than a month left in the Washington Legislature’s 2021 session, the House Civil Rights and Judiciary Committee (CRJC) passed the Washington privacy act (2SSB 5062), with amendments, on a straight...more

International Data Protection Update – First Quarter 2021

This quarterly update highlights some of the international data protection issues that have caught our attention, and the attention of our clients, in the past three months....more

A Risk-Based Approach to the SolarWinds Vulnerability Disclosures

On December 13, 2020, SolarWinds disclosed that an unknown attacker compromised its network and inserted malicious code (referred to as the Sunburst vulnerability) into software updates for the Orion platform. In what will...more

5 Key Things to Know about the Landmark Schrems II Decision

Quick Links - CJEU Press Release - CJEU Decision - Press Releases from the Parties - Irish Data Protection Commission - Max Schrems - U.S. Department of Commerce - Electronic Privacy Information Center (EPIC) - BSA The...more

California AG Begins CCPA Enforcement

Last week, the International Association of Privacy Professionals hosted a keynote session with Stacey Schesser, supervising deputy attorney general (AG) of the California Department of Justice, to discuss the July 1 start of...more

Belgian Authority Raises Red Flag for DPOs with Multiple Roles

Following its investigation of a personal data breach, the Belgian Data Protection Authority (DPA) issued a ruling on April 28, 2020, imposing a €50,000 fine on an organization for negligence in having appointed the company’s...more

COVID-19 Cybersecurity Exposure

Risk scenarios and recommendations - History tells us that unscrupulous actors will exploit any crisis, and COVID-19 is no exception. ...more

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