Healthcare providers and other covered entities are not required by HIPAA regulations to have “bulletproof” protections for safeguarding patient information stored in electronic form, according to a January 14, 2021 decision of the 5th U.S. Circuit Court of Appeals. In University of Texas M.D. Anderson v. U.S. Department of Health and Human Services, the 5th
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The Status of EU–UK Data Flows Following Brexit
The end of the Brexit transition period on 31 December 2020 means the UK now has full autonomy over its data protection policies. As of 1 January 2021 the UK is recognised as a ‘third country’ under EU General Data Protection Regulation (GDPR) rules. The EU-UK Trade and Cooperation Agreement, which is an agreement in
Virginia Legislature Is Set to Consider Comprehensive Data Privacy Legislation
Once again, the Virginia legislature is set to consider comprehensive data privacy legislation. In the 2020 regular session of the Virginia General Assembly, the House of Delegates referred several bills dealing with privacy issues, including a proposed data privacy law, to the Virginia Joint Commission on Science and Technology for study.
This year, it
California Privacy Rights Act: A Move Closer to GDPR? Part II
In Part II of this series, California-based Ali Baiardo, and London-based Alice O’Donovan, continue their comparison of the GDPR and California privacy law. To view Part I in the series, click here.
NEW DATA PROTECTION PRINCIPLES AND OBLIGATIONS ON BUSINESSES
a. Key data protection principles
The GDPR revolves around seven key data protection principles:
Consumer Privacy Legislation Expected in Florida Legislature: Proponents Say “Florida Can’t Trust Big Tech”
A major consumer privacy law is likely this legislative session in Florida that stands to jeopardize not only technology companies, but financial services, healthcare entities, and thousands of small and medium-sized businesses that rely on digital marketing and advertising to conduct business.
Florida legislators are generally pro-business, but this year could be an exception. Talks
California Privacy Rights Act: A Move Closer to GDPR? Part I
The recently-passed California Privacy Rights Act (CPRA) augments and supplements California’s existing privacy law, the California Consumer Privacy Act (CCPA). We are sure many practitioners are wondering how it stacks up with the European Union’s General Data Protection Regulation (GDPR). See below for Part I of our two part series comparing the CPRA and the
You’re CCPA Compliant. So Now What? Top Tips for Companies Looking Ahead to the Recently-Passed CPRA
The November 2020 election left a lot of questions. Among them, companies doing business in California are now asking about compliance with yet another California data privacy law, this time the California Privacy Rights and Enforcement Act of 2020 (the “CPRA”). This article gives an overview addressing the what, when, and how of the CPRA.
FTC “Zooms” Into Settlement Agreement with Communications Company Over Concerns with its Security Practices
On November 9, 2020 the FTC entered into a consent agreement with Zoom Video Communications, Inc. to address concerns over the videoconferencing platform’s security practices. With the onset of the COVID-19 pandemic, the need for a reliable, online videoconferencing and meeting platform skyrocketed. Zoom met that need. It advertised its platform as a secure space
Spooky: Presumed-Dead CCPA Regulations Come Back to Life
On October 12, 2020, the California Attorney General provided public notice of a new Proposed Third Set of Modifications to the Regulations under the California Consumer Privacy Act (the “CCPA”). You will be forgiven if you assumed that “final approval” of the existing Regulations back in August meant the Regulations were final—or at least we
FTC Fines: FTC Chairman Reminds Companies That Fines Are the FTC’s Strategic Tool To Deter Noncompliance
Monetary penalties are the attention-grabbing headline when the FTC or any regulator brings an enforcement action against a company. They are the looming threat to incentivize and influence compliance. Over the summer, FTC Chairman Joseph J. Simons (“Chairman Simons”) issued a statement in connection with a settlement that Chairman Simons believes “the goal of a