Category

Online Privacy

15 August 2018

After LabMD, Questions Remain for the Healthcare Sector

*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.

Read More

EmailShare
02 July 2018

First Circuit’s Decision Provides Guidance on Creating Enforceable Website Terms and Conditions

On June 25, the United States Court of Appeals for the First Circuit in Cullinane v. Uber Technologies, Inc., __ F.3d __, 2018 WL 3099388 (1st Cir. 2018), evaluated the enforceability of arbitration provisions in online contracts. The First Circuit found Uber’s arbitration provision, which contained a class action waiver, unenforceable because Uber did not make its terms of service sufficiently conspicuous. Cullinane highlights the importance of obtaining customers’ affirmative consent to an online contract and reaffirms that conspicuousness of the arbitration agreement and the form of assent that retailers require from consumers remain paramount.
(more…)

EmailShare
30 May 2018

European Data Protection Board Releases Statement on the Revision of the ePrivacy Regulation

On 28 May 2018, the European Data Protection Board (the “EDPB”) released a statement on the revision of the ePrivacy Regulation (the “proposed Regulation”) and its impact on the protection of individuals in relation to the privacy and confidentiality of their communications. It is the first statement of substance by the EDPB since it was established by the EU General Data Protection Regulation on 25 May 2018.  The statement calls on the European Commission, Parliament and Council to work together to ensure a swift adoption of the proposed Regulation, which will replace the current ePrivacy Directive (the “Directive”).

(more…)

EmailShare
24 May 2018

GDPR Day is Here!

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.

EmailShare
09 January 2018

Internet of Toys Enforcement: VTech Agrees to COPPA Settlement

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…)

EmailShare
02 January 2018

Privacy and Cybersecurity Top 10 for 2018

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…)

EmailShare
21 December 2017

Northern District of California Enjoins LinkedIn from Preventing Scraping of Public User Profiles

In a decision that may have profound implications for social media companies, the big data industry and website terms of use everywhere, Judge Edward Chen of the Northern District of California granted hiQ Labs’ motion for preliminary injunction on August 14, 2017, enjoining LinkedIn from “preventing hiQ’s access, copying, or use of public profiles on LinkedIn’s website.” hiQ Labs, Inc. v. LinkedIn Corporation (N.D. Cal. No. 3:17-cv-03301-EMC). The case is on appeal and will be heard by the Ninth Circuit in 2018. (more…)

EmailShare
21 November 2017

Jamaica’s New Privacy Protection Bill

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…)

EmailShare
1 2 3 8
XSLT Plugin by BMI Calculator