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California Joins the Neural Data Bandwagon

On August 31, the California assembly passed SB1223, which amends the CCPA/CPRA to include “neural data” as a type of sensitive data.  SB1223, which is likely to become law, defines “neural data” as “information that is...more

More Guidance from HHS on Online Tracking Technologies but Questions Remain

Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated...more

Making (Brain) Waves: New Colorado Legislation Poised to Protect Privacy of Neural Data

Neurotechnology, like wearable EEG headbands and invasive brain implants, collects information from electrical nerve impulses and brain waves derived from your brain, spinal cord, or nervous system.  This information, or...more

HHS and FTC Fire a Warning Shot at Healthcare Companies Using Online Tracking Technologies

On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems...more

FTC Continues Its Focus on Health Privacy

Our Privacy, Cyber & Data Strategy, Consumer Protection/FTC, and Health Care Teams examine the Federal Trade Commission’s continued focus on consumer privacy in the digital health care space....more

HHS and FTC Expanding Technology, Privacy, and Cybersecurity Divisions

In recent weeks, FTC and HHS have announced expansion of the operational areas of their organizations that are dedicated to enforcement of laws and regulations related to technology, privacy, and cybersecurity....more

Limit Your Health Data Sharing and Call Me in the Morning: FTC Prescribes Enforcement of the Health Breach Notification Rule for...

Our Privacy, Cyber & Data Strategy and Consumer Protection/FTC Teams analyze the FTC’s first-ever enforcement of its Health Breach Notification Rule and how the FTC is scrutinizing how companies share consumers’ online health...more

Sephora Ordered to “Make-Up” for CCPA Violations

On August 24, 2022, California Attorney General Rob Bonta announced a $1.2 million dollar settlement with Sephora to account for alleged violations of the California Consumer Privacy Act (CCPA).  This is the first CCPA...more

Department of Labor Issues Cybersecurity Guidelines

On April 14, 2021, the U.S. Department of Labor announced new cybersecurity guidance for plan sponsors, plan fiduciaries, record-keepers, and plan participants. The guidance is specifically “directed at plan sponsors and...more

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