News & Analysis as of

Disclosure Privacy Laws

Health Care Compliance Association (HCCA)

OCR: Rule Halts Disclosures Under ‘Presumption of Lawfulness,’ Shares Model Attestation Form

Attestations are at the heart of permissible disclosures under the HHS Office for Civil Rights’ (OCR) new reproductive health privacy rule—and OCR wants covered entities (CEs) and business associates (BA) to use them now. The...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Bennett Jones LLP

Supreme Court Finds the Premier’s Mandate Letters Exempt from Disclosure

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In ruling that the Ontario government is not required to turn over Cabinet mandate letters, the Supreme Court of Canada has adopted a broad and expansive view of Cabinet confidentiality. The Supreme Court's decision brings...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2023

In this month’s Privacy & Cybersecurity Update, we examine the newly established data privacy framework between the EU and U.S. and new consumer privacy laws in Oregon and Texas. We also review a court ruling that delayed...more

Foley Hoag LLP - Security, Privacy and the...

FTC Seeks to Send a Message about COPPA and Schools

In late May, the Federal Trade Commission sought an injunction in the Northern District of California against Edmodo, which has historically offered school districts a virtual classroom platform with tools for assignments,...more

DarrowEverett LLP

Upcoming Data Privacy Laws a Reminder to be All Over Your Map

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Much like the beginning of 2023, when two new state data privacy acts went into effect, the midpoint of 2023 will feature two more state data privacy acts coming onto the books. On July 1, 2023, the Colorado Privacy Act...more

Woods Rogers

My Health, My Data Act: Washington State’s New Health Data Privacy Law Has a Nationwide Reach

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Washington state’s My Health, My Data Act (the Act), signed into law in April 2023, is a broad health data privacy law designed to protect consumer health data that falls outside the scope of HIPAA, such as health-related...more

J.S. Held

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

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Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

McGlinchey Stafford

GLBA or FCRA? Data Sharing Between Affiliates and Non-Affiliates

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When an entity shares data outside of its organization, the following questions often arise: Does the FCRA or GLBA (or both) apply to the specific type of data sharing? And how do these laws impact my company’s financial...more

Davies Ward Phillips & Vineberg LLP

First OPC Ruling for 2023 Will Impact Third-Party Processor Contracts

The Office of the Privacy Commissioner of Canada (OPC) recently released findings stemming from a customer complaint that Home Depot of Canada (Home Depot) had violated the Personal Information Protection and Electronic...more

Faegre Drinker Biddle & Reath LLP

Court of Justice of the European Union Recognizes Inferred Special Categories of Personal Data

On August 1, 2022, the Court of Justice of the European Union (CJEU) issued an opinion regarding a Lithuanian data protection case that may signal an expansion of interpretation of the definition of sensitive personal data...more

Husch Blackwell LLP

CCPA Update: Cal. AG Releases Thirteen New Enforcement Case Examples

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Keypoint: The thirteen new enforcement case examples – released just a few months before the CCPA’s right to cure sunsets – provide further insight into the Attorney General’s enforcement priorities....more

Sheppard Mullin Richter & Hampton LLP

Implications of SEC’s Scrutiny of Data Use Representations

The SEC’s enforcement action with a leading seller of market data (App Annie Inc.) signals its concern with misleading data use representations. While the data at issue was not “personally identifiable” information, but...more

Farrell Fritz, P.C.

The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?

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Since the last post to this blog on the evolving issue of access to a decedent’s digital assets (Death and Digital Content: Protecting Digital Assets After the Death of a User, March 29, 2019), New York Courts have issued a...more

Robinson+Cole Data Privacy + Security Insider

Users of free mobile apps not protected by Video Privacy Protection Act

Significantly, the Eleventh Circuit issued an opinion on October 9th that consumers who download and use free mobile apps do not fall within the definition of a “subscriber” under the Video Privacy Protection Act (VPPA)....more

Pillsbury - Internet & Social Media Law Blog

Discovery Rules Continue to Evolve for Cases Involving Social Media

Your social media content is not only susceptible to hacking; it’s also susceptible to disclosure requests from civil litigants (see our Sept. 14 blog post for more details) and even prosecutors without your consent if they...more

Pullman & Comley - School Law

Let’s Go To The Videotape: Can School Security Videos Be Subject To Disclosure Under FOIA?

School districts usually deny requests to view school video recordings, such as security tapes, in light of concerns about the privacy rights of students featured on these recordings. In a recent decision, the Freedom of...more

Morrison & Foerster LLP

Privacy Concerns and the Proposed Reg AB II Revisions Relating to Asset Level Data

In February 2014, the Securities and Exchange Commission (SEC) once again re-opened the comment period with respect to proposed revisions to Regulation AB relating to the disclosure of asset-level data after receiving many...more

BakerHostetler

Physician Medicare Data: Has the Drought Ended?

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After 34 years, a federal district court in Florida has overturned a 1979 injunction which prevented the Centers for Medicare and Medicaid Services (CMS) from releasing to the public Medicare data related to physician billing...more

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