As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more
1/17/2024
/ Adtech ,
Artificial Intelligence ,
Audits ,
Biden Administration ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Cybersecurity ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Requirements ,
Rulemaking Process ,
Sensitive Personal Information ,
State Privacy Laws
Our initial thoughts on the Biden Executive Order first appeared on WilmerHale’s Privacy and Cybersecurity Blog the day that the Executive Order was released.
On October 30, 2023, the Biden Administration issued its...more
11/13/2023
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Department of Education ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Executive Orders ,
Federal Contractors ,
Government Agencies ,
Health Care Providers ,
Intellectual Property Protection ,
National Security ,
NIST ,
Regulatory Agenda ,
Technology Sector
Today, the Biden Administration released its highly anticipated Executive Order on Safe, Secure and Trustworthy Artificial Intelligence, setting forth a broad vision of the Administration’s legal, regulatory, and policy...more
On Friday, July 21, 2023, the White House announced that seven US technology companies at the forefront of generative artificial intelligence (AI) agreed to eight voluntary commitments to “promote the safe, secure, and...more
On December 13, 2022, the European Commission initiated the process to adopt an adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The draft adequacy decision follows President Biden’s October Executive...more
On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more
10/10/2022
/ Biden Administration ,
Binding Corporate Rules ,
Civil Liberties ,
Court of Justice of the European Union (CJEU) ,
Data Privacy ,
EU ,
EU-US Privacy Shield ,
Executive Orders ,
Foreign Intellgence ,
International Data Transfers ,
National Intelligence Agencies ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Surveillance ,
UK
Following the Supreme Court’s ruling overturning Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, the Biden Administration has outlined a framework for federal executive action designed to protect access to...more
7/21/2022
/ Biden Administration ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Executive Orders ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
New Guidance ,
PHI ,
Reproductive Healthcare Issues
Will 2022 be the year for a national privacy law? We are seeing new federal proposals, ongoing negotiations about key issues such as a private right of action and state pre-emption, and new activity at the state level. There...more
12/29/2021
/ Biden Administration ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Privacy ,
Disparate Impact ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Legislative Agendas ,
Notice Requirements ,
Personal Data ,
Personal Information ,
State Privacy Laws
The Biden Administration is expected to devote significant resources to investigating fraud and abuse in the health care industry. Not only will the Biden Administration likely continue investigating traditional health care...more
3/18/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
EHR ,
Enforcement Programs ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Facilities ,
Nursing Homes ,
Opioid ,
Skilled Nursing Facility ,
Telehealth
While still in its relative infancy, privacy law has quickly become a turbulent teenager, with constant change around the world.
At a minimum, 2021 will require meaningful efforts to implement the changes of 2020, with a...more
1/5/2021
/ Biden Administration ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Legislative Agendas ,
Personal Information ,
Privacy Laws ,
Private Right of Action ,
Ransomware ,
Schrems I & Schrems II ,
State Attorneys General ,
State Privacy Laws
Following a pattern of familiarity for health lawyers, the Department of Health and Human Services (HHS) has released a substantial Notice of Proposed Rulemaking (NPRM) in December at the end of an administration. The NPRM is...more
Health-care privacy is at a crossroads. For almost 20 years, the health-care industry has addressed the requirements of the HIPAA Privacy and Security Rules, building reasonable and appropriate compliance programs from an...more