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In case you had not heard, the European Union is replacing its current privacy laws with a new, comprehensive General Data Protection Regulation (GDPR), which takes effect May 25, 2018.
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The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth Amendment by accessing an individual’s historical cell phone locations records without a warrant.
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The European Commission has launched a new data protection website aimed at educating the public and helping businesses and other organizations comply with their new obligations under the General Data Protection Regulation.
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Recently, there has been a lot of discussion regarding the Spectre and Meltdown vulnerabilities. This alert provides a simple overview of what these vulnerabilities are, what systems could be affected, as well as steps that companies can take to reduce the risks that these vulnerabilities create.
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Happy 2018. You may notice a new widget in the right sidebar of our home page. Now you have a reminder as to just how close we are to the GDPR D-Day. GDPR is real. GDPR is here.
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Monthly TCPA Digest

December 20, 2017 | Blog | By Cynthia Larose

This month’s issue examines four recent rulings from Seventh Circuit trial courts regarding an FCC rule under the TCPA that mandates opt-out language on solicited faxes, or those sent with the recipient’s consent.
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Biometric data is a hotbed of activity these days. We've discussed the frenetic pace at which class actions are being filed in Illinois under the Biometric Information Privacy Act. 
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One of the most striking changes to EU privacy law under the EU’s General Data Protection Regulation (which goes into effect May 25, 2018) is the very strict approach to user consent.
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The National Association of Insurance Commissioners (NAIC) has approved its draft of the Insurance Data Security Model Law (Model Law) via a meeting of its Executive and Plenary Committees. 
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Two Data Breach Bills Introduced in US Senate

December 11, 2017 | Blog | By Joanne Dynak, Cynthia Larose

As we near the end of a year that has seen more than its share of massive data breaches, two bills have been introduced (one re-introduced) in the U.S. Senate. 
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Since last September, the Mintz Levin Privacy Webinar Series has focused on the upcoming EU General Data Protection Regulation (GDPR) to help businesses understand the reach and scope of the GDPR and prepare for the potentially game-changing privacy regulation.
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Recently proposed legislation in Ohio could provide businesses with special protection from lawsuits in the event of a hack under certain circumstances. Senate Bill 220 would shelter businesses that have been proactive in instituting defenses to guard against data breaches.
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Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps.
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The clock is ticking down to May 25, 2018 , the date that the European Union's General Data Protection Regulation (GDPR) goes into effect. The GDPR is likely to be a game-changer for US companies doing business with the European Union, and many are racing against the clock to figure out exactly what their compliance obligations are.
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Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology utilizing biometric identifiers like fingerprints or palm prints in lieu of punch clocks?
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The Federal Trade Commission (FTC) clarified in recent guidance how the Children’s Online Privacy Protection Act (COPPA) applies to internet-connected device companies and other businesses that collect and use children’s voice recordings.
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The Article 29 Working Party (WP29) advisory group, which will soon become the more transparently-named (and very powerful) European Data Protection Board, is busy drafting and issuing guidance documents to help organizations understand how European data protection authorities will interpret various requirements of the General Data Protection Regulation (GDPR). 
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As was generally expected from informal comments by EU representatives, Privacy Shield has survived its first annual review. Commissioner Jourova stated: "Our first review shows that the Privacy Shield works well, but there is some room for improving its implementation."
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This week’s disclosure that a 2013 data breach may have affected all 3 billion Yahoo accounts then in existence could alter the scope of the consolidated data breach cases currently pending against Yahoo in the federal court in San Francisco.
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Many companies around the world rely on the EU’s standard contractual clauses (also known as the model clauses, and referred to in this article as the “SCCs”) as the legal basis for transferring personal data from the European Economic Area (EEA) to countries whose privacy laws have not been found adequate by the EU Commission.
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