Apparently prompted by the recent high-profile wave of ransomware attacks, the Department of Health and Human Services’ Office of Civil Rights (OCR) has reminded hospitals, healthcare systems, and other covered entities and...more
The European Union’s antitrust regulator recently imposed a record €2.42 billion fine against Google, finding that the company had “abused its market dominance as a search engine by giving an illegal advantage to another...more
7/6/2017
/ Abuse of Dominance ,
Antitrust Division ,
Antitrust Violations ,
Department of Justice (DOJ) ,
EU ,
Functionality ,
General Data Protection Regulation (GDPR) ,
Google ,
Microsoft ,
Multinationals ,
Smart Devices ,
Technology Sector
The hour cometh. The European Union’s General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) goes into effect on May 25, 2018. If a company processes or stores the personal data of EU residents (not...more
We had previously written about Packingham v. North Carolina, where the Supreme Court of the United States confronted the question of whether, in an effort to protect minors, States can bar individuals on the sex offender...more
As we have previously noted, a recent ransomware attack crippled over 75,000 computers in over 100 countries. The “WannaCry” appears to be the largest Ransomware attack to date. However, cyber-experts are already warning of a...more
Movie buffs are familiar with a favored narrative arc: something with tremendous power, such as the Ebola virus, escapes from its clinical confines and proceeds to wreak havoc on the world. (It also works with aliens, ghosts,...more
We have previously written that the Internet of Things continues to spawn new cybersecurity and privacy concerns. These vulnerabilities have already served as plot devices for shows such as Homeland. Now, the U.S. Department...more
A federal judge recently ruled that America’s largest Bitcoin service was obligated to provide the Internal Revenue Service with extensive transactional records concerning the financial transactions of its members. The...more
Blockchain has been compared to the early days of the Internet: nearly everyone believes that it’s a world-changing technology with tremendous potential, but no-one can predict who the ultimate winners will be or what impacts...more
The New York Department of Financial Services (NYDFS)’s finalized Cybersecurity Requirements for Financial Services Companies (“regulations”), went into effect on March 1, 2017. NYDFS has provided a 6 month safe harbor to...more
Blockchain technology combines several features of existing financial infrastructure. It is partly a mass repository of historical transactions, partly a decentralized clearinghouse, and partly a digital currency. It is also...more
We have previously noted that the the U.S.-E.U. Privacy Shield data transfer may not be dead, but it is ailing. These concerns have been exacerbated by a January 25, 2017 presidential Executive Order (EO) “Enhancing Public...more
Editor's Note: In the world of cyber law, privacy and cybersecurity, one of the largest and most colorful figures is Stewart Baker, whose resume includes a stint as General Counsel at the National Security Agency and...more
The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more
12/20/2016
/ Corporate Counsel ,
Data Privacy ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
International Data Transfers ,
Internet Service Providers (ISPs) ,
National Security ,
Popular ,
Safe Harbors ,
Schrems I & Schrems II
A few months ago, we analyzed ransomware incidents and offered some suggestions for handling an episode. Ransomware is a cyberattack in which a hacker uses malware to take control of computer systems. The system owner is...more
It's coming. The European Union’s General Data Protection Regulation (GDPR) will come into effect on May 25, 2018. If your business involves processing EU citizen data, you will be subject to GDPR – even if your sole location...more
North Carolina made history when it passed the nation’s first law addressing issues surrounding blockchain and virtual currency. NC Privacy Law Blog recently sat down for a conversation with the man whose office played a key...more
The Dewey-Beats-Truman results of last night show the current limits of Big Data and Predictive Analytics.
It is an unquestioned maxim that personal data is the new oil of the digital economy. Given enough information...more
Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates. Admiral, a British insurer...more
11/7/2016
/ Algorithms ,
Apple Watch ,
Data Collection ,
Data Processors ,
Facebook ,
Fitbit ,
General Data Protection Regulation (GDPR) ,
Health Insurance ,
Insurance Industry ,
Internet of Things ,
Privacy Concerns ,
Social Networks
The Supreme Court of the United States has just agreed to the hear Packingham v. United States. The grant of certiorari reflects the increasing integration of cyberlaw with mainstream constitutional litigation. Packingham,...more
11/7/2016
/ Certiorari ,
Facebook ,
First Amendment ,
Minors ,
NC Supreme Court ,
Packingham v North Carolina ,
Reversal ,
SCOTUS ,
Sex Offenders ,
Social Media ,
Social Networks ,
Websites
In our consulting days, a former boss – a retired Army Colonel – enjoyed sharing his Cold War recommendation for protecting sensitive documents from the KGB: fill up a fleet of tractor-trailers with every U.S. government...more
The Department of Health and Human Services’ Office of Civil Rights (OCR) has issued guidelines for HIPAA-covered entities that utilize cloud computing in processing electronic protected health information (ePHI). The...more
Earlier this summer, we highlighted a settlement where the FTC proposed its largest fine to date under the Children’s Online Privacy Protection Act (COPPA) against software maker InMobi. The InMobi settlement attracted...more
J. K. Rowling’s world of Harry Potter included an array of amazing artifacts; our personal favorites were the books and pictures that changed themselves. Two decades later, a world of Kindles and iPads echoes the wonders of...more
Proposed 2017 Hospital OPPS Rule Would End Medicare Payments to Many Off-Campus Facilities at the Same Levels as Hospital-Based Outpatient Departments -
Published on July 14, 2016, CMS’s proposed 2017 Hospital...more