Will 2011 Bring Us “Do Not Track” Legislation?
Posted below is another contribution from my colleague David Broadwin on our Emerging Enterprise Center blog about the potential for legislative change in 2011. I agree with the conclusions he draws:...
View ArticleDoes Briar Group’s Massachusetts Settlement Create a New Legal Standard That...
A recent settlement in a data breach case exemplifies how the government can go beyond a statutory scheme and use private industry standards to protect personal information and impose sanctions on...
View ArticleAnalysis of the Supreme Court’s Decision Striking Down Vermont Pharmaceutical...
As promised in our earlier entry, here is our detailed discussion of the Supreme Court’s decision in Sorrell v IMS Health, Inc.,written by Colin J. Zick, Pat A. Cerundolo, Tad Heuer On Thursday, June...
View ArticleInside Counsel Magazine Revisits SEC’s Cybersecurity Guidance
As we noted back in October, the SEC issued CF Disclosure Guidance: Topic No. 2: Cybersecurity. This guidance provides the Division of Corporation Finance’s views regarding disclosure obligations...
View ArticleBreaking Down the White House Privacy Framework–a Video Blog
Here is a video discussion I had with LexBlog on the new White House Data Privacy report, “Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the...
View ArticleLaw360: “HHS Data-Scrubbing Guidance Backs Strict Privacy Definitions”
Today’s Law360 addresses “HHS Data-Scrubbing Guidance” with quotes from me and others on the subject: Clarifying the types of data that need to be removed from data sets can also help companies...
View ArticleFTC Finally Amends Red Flags Rule Regulations to Match 2010 Statutory Amendment
The FTC announced today that it has, at long last, modified its Red Flags Rule to match the language of theRed Flag Clarification Act of 2010. As this blog explained in 2010: As originally drafted,...
View ArticleHIPAA “Omnibus” Regulations Published in Federal Register
The revised HIPAA regulations were formally published today in the Federal Register. In this form, they only take up 138 pages! Law360 has a brief piece on the revised HIPAA rules, with the...
View ArticleHIPAA Unconstitutional? Maybe Not, But New Marketing Regulations Are Coming
You may have seen the recent lawsuit alleging that HIPAA’s marketing regulations are unconstitutional. In that case, the plaintiff is a company that “provides a refill reminder service and other...
View ArticleHHS OCR Issues HIPAA Guidance on Refill Reminders, Decedent Information,...
Late last night, HHS OCR issued its anticipated guidance on “The HIPAA Privacy Rule and Refill Reminders and Other Communications about a Drug or Biologic Currently Being Prescribed for the...
View ArticleEuropean Union Agrees On a New Data Protection Framework To Replace the...
On 15 December 2015, the three main European institutions, the Commission, the Parliament and the Council, agreed on the final text of the General Data Protection Regulation (GDPR) which has been on...
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FTC Announces COPPA Settlements Based on Persistent Identifiers
The COPPA Rule requires website and online service operators to give notice to parents and obtain verifiable parental consent before collecting children’s “personal information” online. 16 CFR §§...
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The Future of Data Privacy Regulation in Massachusetts? AG’s Office...
What is the future of data privacy regulation in Massachusetts? On March 24, 2016, the Massachusetts Attorney General’s Office gave us a glimpse. In collaboration with Harvard’s Berkman Center for...
View ArticleMistake in Your Credit Report? The Latest Spokeo Decision Suggests You May...
In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has...
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Regulators Step Up Scrutiny of Cryptocurrency Advertising as Industry Stance...
We posted earlier this year about increased scrutiny of cryptocurrency advertising, especially the promotion of Initial Coin Offerings, or ICOs. The key takeaway from that post was that the frenzy...
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