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FTC's Updated Health Data Breach Rule Covers Apps, Other New Tech

The FTC has updated its HBNR to clarify that the rule also restricts marketing practices involving personal health information. This update to the HBNR was announced on April 26, 2024, and follows several recent enforcement...more

The FTC Outlines What It Sees as “The HIdden Impacts of Pixel Tracking”

In a very comprehensive post from the Federal Trade Commission’s Office of Technology, the FTC takes what it calls “[a] deep dive into the technical side of FTC’s recent cases on digital health platforms, GoodRx &...more

HHS Office for Civil Rights Posts HIPAA Security Rule Security Incident Procedures

Every October, in recognition of National Cybersecurity Awareness Month, the federal government and its partners work to educate stakeholders on cybersecurity awareness and how best to protect the privacy and security of...more

Key Considerations for Health App Developers from the FTC

If your company creates health-related apps, the Federal Trade Commission (FTC) has set out some key considerations: - Make accurate representations. Clearly explain how people’s information will be used and shared and then...more

The proposed Massachusetts Information Privacy and Security Act: Will This Be the Year Massachusetts Finally Updates Its Consumer...

Since Massachusetts becoming a trailblazer among states with the passage of privacy legislation in 2007 and subsequent regulations, Massachusetts’ own privacy laws have been passed by those of other states, most notably...more

Colorado Becomes that Latest State to Adopt a New Data Privacy Law

On July 7, 2021, Governor Jared Polis signed into law the Colorado Privacy Act (CPA), making Colorado the most recent state to enact comprehensive privacy legislation.  While the CPA does not take effect until July 1, 2023,...more

China Adopts New Data Security Law

On June 10, 2021, China adopted a new Data Security Law that will impact every business operating in or doing business with China. The law, which will take effect in less than a month (September 1, 2021), is sweeping in...more

Virginia’s New Data Privacy Law: An Uncertain Next Step for State Data Protection

On March 2, 2021, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. This made Virginia the second state to enact a consumer privacy and data security law, and follows hot the heels of...more

Massachusetts AG Creates “Data Privacy and Security Division”; What Enforcement Changes Will Follow?

Massachusetts Attorney General Maura Healey recently announced the creation of the Data Privacy and Security Division within her office, with the stated goal of “protect[ing] consumers from the surge of threats to the privacy...more

Privacy Shield No Longer Viable Basis for EU-US Data Transfers

On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under...more

InfoTrax Systems Settles FTC Allegations It Failed to Safeguard Consumer Data

InfoTrax Systems, a Utah-based technology company, has agreed to implement a comprehensive data security program to settle Federal Trade Commission allegations that the company failed to put in place reasonable security...more

What Do Pumpkin Spice Lattes and National Cybersecurity Awareness Month Have in Common?

What do pumpkin spice lattes and National Cybersecurity Awareness Month have in common? Not much, other than both should be top of mind in October, but that doesn’t mean that it’s wrong to think about them both in August....more

Is Your Company Ready for the CCPA?

If you are doing business in California, the way you handle personal data could soon change in significant ways. The California Consumer Privacy Act (“CCPA”) goes into effect on January 1, 2020, and the time to start...more

HHS to Reduce Top HIPAA Fines Based on “Level of Culpability”

In a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties issued on April 23, 2019, the Department of Health and Human Services (HHS) exercised “its discretion in how it applies HHS regulations...more

Cybersecurity 2019: Data Privacy Trends

In 2018, privacy and data security crossed a number of thresholds. In the public mind, through high-profile data breaches and revelations about unexpected uses of personal information, questions of privacy became much more...more

Cybersecurity 2019 – The Year in Preview: HIPAA

Editors’ Note: This is the seventh and last in our third annual series examining important trends in data privacy and cybersecurity during the new year. Our previous entries were on political advertising, cryptocurrency,...more

“You Are Known By The Company You Keep” — Including Vendors Without Business Associate Agreements

The concept that one is known by the company one keeps dates back to ancient times (the particular phrase is attributed to both Aesop and the Book of Proverbs). But this simple aphorism continues to be true. A recent example...more

California Passes New Data Privacy Law With National Implications

The California Consumer Privacy Act of 2018 (the “CCPA”) was signed into law on June 28, 2018. Although it is a state law, it has national and international ramifications. ...more

California Passes New Data Privacy Law With National Implications

The California Consumer Privacy Act of 2018 (the “CCPA”) was signed into law on June 28, 2018. Although it is a state law, it has national and international ramifications. Here are some key aspects to be aware of....more

The Interplay of HIPAA, Privacy and Data Security Principles, and Health Information Interoperability

All That Data! - ..Therapies, diagnostics, and connected devices now gather huge amounts of data ..That data can be more valuable than the “thing” that is treating, diagnosing, or connecting, provided you have the...more

Blogging from BIO 2018: “Mo Money, Mo Problems”

The late rapper known as The Notorious B.I.G. recorded a song called, “Mo Money, Mo Problems.” Many of the lyrics can’t be repeated here, but the refrain can: “It’s like the more money we come across The more problems we...more

Blogging from BIO 2018: And on the Third Day… the Panel Discussed Privacy and Data Security

It took three days, but I finally found a panel at BIO 2018 that addressed the current challenges in privacy and security regarding health data. This panel, Realizing the Potential of Clinical and Consumer Genomics, was...more

EU Gives US Until “The End of January” to Find Safe Harbor Solution or Enforcement Could Begin

On October 16, 2015, EU authorities gave the U.S. and European Union until the end of January 2016 6o find a replacement for the former US-EU Safe Harbor regime, or enforcement actions could begin. The full statement of the...more

The European Court of Justice Invalidates Safe Harbor

The European Court of Justice has just issued a decision (ECJ 6 October 2015 Case C-362/14, Maximillian Schrems v. Data Protection Commissioner) that invalidates the so-called US-EU “Safe Harbor” system. Suddenly, what 3,500...more

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