*This article first appeared in the July 2018 issue of Digital Health Legal
Massive data breaches. Threats to medical devices. The Internet of Persons. Healthcare entities are all too familiar with the rising cyber threat. But they are also familiar with the complex array of laws and regulations in the United States that attempt to address the threat and the potentially significant compliance costs and risks caused by that complexity. The US Court of Appeals for the Eleventh Circuit’s recent and long-awaited decision in LabMD v. Federal Trade Commission, which trimmed the sails of one of the primary regulators of the healthcare information security landscape, may thus appear to some, at first blush, to be a necessary corrective. Yet closer inspection shows that the Eleventh Circuit’s decision raises more questions than it answers – and that its true implications will only become clear once we see how federal regulators, the courts, and perhaps Congress respond.
Whether you are marking today with a glass of champagne, a shot of whiskey, or a hot cup of tea, today marks a significant day for privacy professionals world-wide.
Here’s to all of the privacy professionals who have put in so many hours to prepare for the GDPR, fully effective as of Friday May 25, 2018 at midnight in Brussels; that is 6 PM eastern on Thursday, May 24th for toasting purposes.
For business executives, policymakers, and consumers who have become aware of the GDPR in recent weeks and are interested in learning more, visit our GDPR resource page here.
On January 8, the FTC announced a settlement with VTech (a maker of electronic children’s toys) for violations of COPPA, adding to the regulatory activity mounting in the last few years around the Internet of Toys. The company agreed to pay $650,000 to settle allegations that its Kid Connect app and its Learning Lodge platform collected personal information from almost 3,000,000 children without providing direct notice and obtaining their parent or guardian’s consent. (more…)
This past year was marked by ever more significant data breaches, growing cybersecurity regulatory requirements at the state and federal levels and continued challenges in harmonizing international privacy and cybersecurity regulations. We expect each of these trends to continue in 2018.
As we begin this New Year, here is list of the top 10 privacy and cybersecurity issues for 2018: (more…)
With the rise in drone usage for both commercial and recreational activities, air safety regulators around the world have increasingly focused on the impact of drones (otherwise known as unmanned aircraft systems or UAS) on flight safety and efficiency. Consistent with calls by the International Air Transport Association (IATA) for more oversight, Hong Kong’s Civil Aviation Department (CAD) recently announced plans to step up the regulation of commercial and recreational drones.
On 10 October 2017, Jamaica introduced into its House of Parliament a comprehensive Bill for privacy and data protection, entitled “An Act to Protect the Privacy of Certain Data and for Connected Matters.” The new law would cover personal data, including data in an “accessible record” such as a health record or an educational record. If passed, the new law will be named the “Data Protection Act, 2017.” (more…)
On September 22, 2017, Illinois Governor Bruce Rauner vetoed the proposed Geolocation Privacy Protection Act, which sought to limit the collection, use, retention, or disclosure of precise geolocation data from a mobile device without a person’s prior express and written consent. The General Assembly originally passed the bill on June 27, 2017. (For more background on the bill, see Illinois Becomes the First State to Pass a Geolocation Privacy Protection Bill (July 5, 2017)). (more…)
Singapore’s Personal Data Protection Commission (PDPC) has launched a public consultation into a proposed revision to the law that would require reporting of certain data breaches. Singapore currently uses a voluntary approach to data breach notifications, but, according to the PDPC, this has resulted in uneven notification practices. Under the proposals, it will be mandatory for organizations to inform customers of personal data breaches that pose any risk of impact or harm to the affected individual as soon as they are discovered. If an incident involves 500 or more individuals, organizations will need to notify the PDPC as soon as possible but no later than 72 hours after discovery of the breach. The proposals aim to allow individuals to take steps to protect their interests in the event of a data breach, for example, by changing their password. (more…)
Federal legislation on the regulation of self-driving cars may be gaining traction. The House Energy and Commerce Committee approved a bipartisan bill that would ease safety restrictions on self-driving cars and preempt state laws banning “highly automated systems” or self-driving vehicles to allow designers to test and deploy cars on the road. The Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act (the “SELF DRIVE Act”) bill passed the House Committee with a 54-0 vote. It would facilitate the release by automakers of 25,000 automated vehicles in the first year and up to 100,000 automated vehicles annually, starting in the third year after the bill’s effective date. (more…)
Businesses and consumers are increasingly using Internet of Things (“IoT”) devices to communicate and process quantities and types of information that have never before been captured. In response, more federal agencies are turning their attention to the potential risks, and developing guidance for the deployment of IoT technologies. The latest to weigh in on risks include the Governmental Accountability Office and the Department of Commerce. (more…)