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Federal Trade Commission: No Changes to CAN-SPAM Rules

February 13, 2019 | Blog | By Cynthia Larose

There will be one less new privacy regulation to worry about in 2019. In June of last year, the Federal Trade Commission announced that it would review its rules implementing the CAN-SPAM Act, regulating unsolicited commercial email.   Yesterday, the FTC announced that it had received 92 comments during the review process, and concluded that no changes to its CAN-SPAM Rules were needed at this time. 

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No Harm, Still a Foul: Illinois Supreme Court Rules on the Collection of Biometric Data

January 29, 2019 | Blog | By Cynthia Larose, Elana R. Safner

Leaving its fingerprints all over the privacy debate, the Illinois Supreme Court handed down a ruling that will significantly impact litigation under the state’s unique Biometric Information Privacy Act (“BIPA” or “Act”), creating a potential boon for plaintiffs. In its January 25 opinion in Stacy Rosenbach v. Six Flags Entertainment Corp., the court unanimously sided with the plaintiff, ruling that actual harm is not a requirement to establish standing under BIPA.
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California AG’s Office Gets Public Input on CCPA

January 29, 2019 | Blog | By Brian Lam

The California Attorney General’s Office (CAGO) is conducting a series of public hearings around the state to gather input on the California Consumer Privacy Act of 2018 (CCPA). We attended the CAGO’s January 25th, 2019 hearing.  The panel of CAGO staff informed those in attendance to anticipate a Notice of Proposed Regulatory Action in the fall of 2019. 
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It’s Data Privacy Day: Be #PrivacyAware

January 28, 2019 | Blog | By Cynthia Larose

Happy Data Privacy Day!  Join the #PrivacyAware conversation all day long on Twitter. Watch the Data Privacy Data Event online from LinkedIn in San Francisco.   Click here to watch at 2 PM PST/5 PM EST.
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WEBINAR – The California Consumer Privacy Law is Here. Get Prepared.

January 17, 2019 | Blog | By Cynthia Larose, Brian Lam

We have been actively covering the California Consumer Privacy Act on our blog as it evolves including here and here.  Please join us on February 6th  for the first webinar in our California Consumer Privacy Act Series. 
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Mintz Member Cynthia Larose and her thought leadership on all things Privacy has been selected for a National Law Review  “Go-To Thought Leadership Award.” The inaugural awards recognize 65 exceptional authors and legal organizations for their reporting of complex legislative and litigation news, as well as their strategic insight and overall legal industry knowledge.
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Oath (f/k/a AOL) Agrees to Pay Record Settlement over COPPA Violations

December 12, 2018 | Blog | By Cynthia Larose, Brian Lam

Recently, Oath, a wholly-owned subsidiary of Verizon Communications agreed to pay $4.95 million to settle charges from the New York attorney general’s office that the company’s online advertising business was violating federal law.
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HIPAA Penalties For Failure to Cut Off Access To Former Employee

December 12, 2018 | Blog | By Kristen Marotta

It has been a busy few weeks for HIPAA enforcement. On Tuesday, the Office for Civil Rights announced its third resolution of a HIPAA breach in as many weeks. In this latest matter, OCR announced that Pagosa Springs Medical Center (PSMC), a critical access hospital in Colorado, has agreed to both pay $111,400 to the Office for Civil Rights (OCR) as well as adopt a comprehensive, two-year corrective action plan (CAP) to address and settle potential HIPAA violations.
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Recently, Amazon refused (registration required) to provide data from an Amazon Echo device in a case involving the a double homicide in response to an order issued by a New Hampshire state judge.  Prosecutors believe that the Echo may have recorded data relevant to the crime; a potential perpetrator has already been charged. 
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Companies based outside of the European Union sometimes find it challenging to determine whether the General Data Protection Regulation (GDPR) applies to them.  And if they finally work out that the GDPR applies, they then have the challenge of finding a local representative as required by Art. 27. 
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Uber and FTC Arrive at Settlement: Extensive Monitoring, but no FTC Fines Ahead

November 15, 2018 | Blog | By Cynthia Larose, Elana Safner

Recently, the Federal Trade Commission (“FTC”) announced that it has finalized its expanded settlement with ride-haling giant, Uber Technologies, Inc. (“Uber”) related to two major data breach incidents. The initial breach occurred in 2014 and led to an FTC investigation into Uber’s data storage practices for rider and driver data.
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FDA Issues Draft Cybersecurity Guidance for Med Devices

October 22, 2018 | Blog | By Cynthia Larose

If you are a medical device manufacturer, the Food and Drug Administration (FDA) says that you should prepare a “cybersecurity bill of materials” before marketing your devices.  As outlined in our sister blog’s post, the requirement would require manufacturers to produce a list of the components that could be susceptible to vulnerabilities.
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“Hey Alexa – Tell Me About Your Security Measures”

October 4, 2018 | Blog | By Brian Lam, Cynthia Larose

California continues to lead the nation in cybersecurity and privacy legislation on the heels of the recent California Consumer Privacy Act of 2018 (“CCPA”).  Governor Brown recently signed into law two nearly identical bills, Assembly Bill No. 1906 and Senate Bill No. 327 (the “Legislation”) each of which required the signing of the other to become law, on September 28th, 2018.
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Welcome to October!  October 2018 marks the 15th year of the observance of National Cyber Security Awareness Month, a joint effort of the U.S. Department of Homeland Security and the National Cyber Security Awareness Alliance.  We’ll be keeping you updated on all things privacy and security throughout the month.
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National Cyber Strategy Aims to Deter through Strength; Collaborate with Private Sector to Secure Cyberspace

September 28, 2018 | Blog | By Christopher Harvie, Cynthia Larose, Elana Safner

Late last week the White House released its National Cyber Strategy, setting forth its approach to protecting U.S. critical infrastructure from global cyber threats.
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As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases.  In that case, the Seventh Circuit rejected arguments that customers claiming to have sustained only the theft of debit and credit card information had not alleged sufficient injury to have standing to sue. 
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More Privacy Legislative Activity in California

September 4, 2018 | Blog | By Cynthia Larose

Labor Day is passed, and the Privacy & Security Matters blog is back after a bit of a hiatus.    The California State Legislature was busy up to the last day of the session working on privacy legislation.
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The European Parliament passed a resolution today strongly criticizing Privacy Shield and recommending that Privacy Shield be suspended as of September 1, 2018, if the US doesn’t shape up by that deadline.  Should US companies that rely on Privacy Shield panic?
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In its most recent Cybersecurity Newsletter, OCR focuses on the intersection of HIPAA and information security.  To be sure, HIPAA requires covered entities and business associates to address their organizations’ information security.
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Narrow Ruling for Privacy at SCOTUS in Carpenter

July 3, 2018 | Blog | By Eoin Beirne

The Supreme Court ruled, at the end of June, that seizing cell-site location information—data that tracks cell phone users’ movements—constitutes a search under the Fourth Amendment.
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