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Privacy Updates

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Understanding eDiscovery in Criminal Cases, Part Three: eDiscovery Best Practices

by CloudNine on

...The government will usually get its ESI by consent or warrant. Typically, when the federal government seeks data in criminal cases (and most states have a similar procedure), it requests a search and seizure warrant by...more

9 Top Trade Secrets You Need to Protect Now

by Revision Legal on

In practice, a trade secret can be pretty much anything. The federal Trade Secrets Act, 18 U.S. Code § 1839(3), defines a “trade secret” as...more

Medical Records Production Company Sues to Prohibit Enforcement of HIPAA Medical Record Payment Policies

by King & Spalding on

On January 8, 2018, CIOX Health, LLC filed a complaint challenging two HHS policies limiting whether and how much a HIPAA covered entity can charge for providing copies of medical records. According to the lawsuit filed in...more

GDPR update: One Stop Shop (Dutch)

by Dentons on

In this first GDPR Update of 2018, we address the One Stop Shop mechanism. The One Stop Shop mechanism means that, as a main rule, organisations carrying out cross-border personal data processing activities will only have to...more

GDPR Update: One Stop Shop

by Dentons on

In this first GDPR Update of 2018, we address the One Stop Shop mechanism. The One Stop Shop mechanism means that, as a main rule, organisations carrying out cross-border personal data processing activities will only have to...more

Google App Disables Art-Selfie Biometric Comparison Tool in Illinois and Texas

We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the...more

Texas Taking the Lead in State Cryptocurrency Enforcement

by Jackson Walker on

While the SEC has worked over the last several months to provide meaningful guidance around the offer and sale of digital tokens, state securities regulators have now begun to take action, with Texas leading the way. In the...more

New SAMHSA Rule: Permissible Part 2 Substance Abuse Disclosures to Subcontractors

by Baker Ober Health Law on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule to revise 42 CFR Part 2, the federal regulations governing confidentiality of certain substance abuse patients'...more

Rail Inspection Firm Acquires Drone Services Company

American Rail Engineers Corp. (ARE), based in Irvine, California, recently acquired a New Hampshire drone services company, Media Wing, LLC (Media Wing), to conduct geographic information system (GIS) mapping and data...more

IoT Device Companies: COPPA Lessons Learned from VTech’s FTC Settlement

by Patrick Law Group, LLC on

In “IoT Device Companies: Add COPPA to Your "To Do" Lists,” I summarized the Federal Trade Commission (FTC)’s June, 2017 guidance that IoT companies selling devices used by children will be subject to the Children’s Online...more

Data Privacy + Cybersecurity Insider - January 2018 #3

by Robinson & Cole LLP on

Think Tank Says Nuclear Missiles Can be Inadvertently Launched Through Cyber-Attacks - Just before the false alarm in Hawaii last weekend when residents were erroneously warned of an impending missile attack, think tank...more

Connecticut Supreme Court Recognizes Common-Law Cause of Action for Unauthorized Disclosure of Confidential Medical Information

In a long-awaited decision concerning the confidentiality of medical records and patient privacy, the Connecticut Supreme Court recently concluded that the physician-patient relationship establishes a duty of confidentiality...more

DHS and DOC Report on Botnets and IoT Security Recommends Increased Collaboration between Stakeholders in Private Industry and...

by Reed Smith on

On Jan. 5, 2018, the Department of Homeland Security (DHS) and the Department of Commerce (DOC) released their joint draft report on “Enhancing the Resilience of the Internet and Communications Ecosystem against Botnets and...more

Toy Company Settles DOJ Complaint Alleging Violations of Children’s Online Privacy Rule and FTC Act

by Weiner Brodsky Kider PC on

The Federal Trade Commission (FTC) recently announced a settlement with an electronic toy manufacturer for violating the Children’s Online Privacy Protection Rule (COPPA) and the FTC Act. The COPPA Rule prohibits unfair or...more

HIPAA Breach Reporting: 2017 Trends and Mends

by McGuireWoods LLP on

With 2017 having drawn to a close, it is once again time for HIPAA covered entities to complete their annual breach reporting obligations to the U.S. Department of Health & Human Services Office for Civil Rights (“OCR”)....more

Less than One Month To Go!

by Locke Lord LLP on

On February 15, many insurance companies, producers and others with New York DFS licenses and other authorizations (except for certain entities and employees who have filed for an exemption) will need to file a compliance...more

Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality

by Murtha Cullina on

Based on the decision in a recent Connecticut Supreme Court case, patients may now sue physicians for breaching confidentiality. Previously, Connecticut did not recognize breach of confidentiality as a cause of action. ...more

Connecticut Supreme Court Recognizes New Cause of Action for Patient Privacy Breach

by Shipman & Goodwin LLP on

On January 16, 2018, the Connecticut Supreme Court issued a decision recognizing a common law duty of confidentiality arising from the physician-patient relationship, and the corresponding right of a patient to sue his or her...more

Appellate Court Limits Who May Sue Under Biometric Information Privacy Act

by Jones Day on

As noted in a prior Commentary, plaintiffs continue to bring a flood of lawsuits under Illinois' Biometric Information Privacy Act ("BIPA") against companies that collect, use, or store biometric identifiers. Many of these...more

Think Tank Says Nuclear Missiles Can be Inadvertently Launched Through Cyber-Attacks

Just before the false alarm last weekend in Hawaii when residents were erroneously warned of an impending missile attack, think tank Chatham House issued a report stating that it had identified vulnerabilities in nuclear...more

Connecticut Supreme Court Recognizes Common-Law Cause of Action for Unauthorized Disclosure of Confidential Medical Information

In a long-awaited decision concerning the confidentiality of medical records and patient privacy, the Connecticut Supreme Court recently concluded that the physician-patient relationship establishes a duty of confidentiality...more

CT Supreme Court: Patients Have Right to Sue Physicians for Unauthorized Disclosure of Confidential Medical Records

The Connecticut Supreme Court issued an opinion yesterday recognizing a common law duty of confidentiality arising from the physician-patient relationship and establishing a new private cause of action for breach of this...more

Privacy Tip #122 – What’s Up with WhatsApp’s Security Flaws?

WhatsApp has been applauded for adding end-to-end encryption on its platform to secure conversations of its users two years ago. But encryption has its challenges, despite its security posture....more

Settlement Offers Guidance on What “Reasonable” Security Means Under COPPA

The FTC’s COPPA Guidance does an admirable job explaining the basics of what a business needs to do to comply with COPPA, but is vague as to how a business must protect personal information collected from children. The COPPA...more

The Many Faces of Google’s Arts & Culture App (Except in Illinois and Texas)

Those of our readers who frequent social media may have noticed a newly-popular juxtaposition between selfies and art (or perhaps one should say between selfies and other forms of art)—a feature in the Google Arts & Culture...more

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