Privacy and Information Security Law Blog

Author Archives: Hunton & Williams LLP

HHS Settles with Shasta Regional Medical Center

Posted on June 18, 2013 by Hunton & Williams LLP

On June 13, 2013, the Department of Health and Human Services (“HHS”) announced a resolution agreement and $275,000 settlement with Shasta Regional Medical Center (“Shasta”) that pertained to impermissible disclosures of protected health information (“PHI”) by Shasta officials to the media, as well as to Shasta’s entire workforce.

Tags: Department of Health and Human Services, Enforcement, Health Privacy, HIPAA, Privacy Rule, Protected Health Information, Workplace Privacy

Jessica Rich Named FTC Director of Consumer Protection

Posted on June 18, 2013 by Hunton & Williams LLP

On June 17, 2013, the Federal Trade Commission announced that FTC Chair Edith Ramirez has appointed Jessica Rich as Director of the Bureau of Consumer Protection. Rich has served in several leadership roles in the FTC’s Bureau of Consumer Protection during her 20-year tenure with the agency. Most recently, she served as Associate Director of the Division of Financial Practices.

Tags: Consumer Protection, Edith Ramirez, Enforcement, Federal Trade Commission, General, Jessica Rich, Obama, Online Privacy

The Consideration of Arrest and Conviction Records in Employment Decisions: A Critique of the EEOC Guidance

Posted on June 17, 2013 by Hunton & Williams LLP

As reported in the Hunton Employment & Labor Perspectives Blog:

In an article to be published this month in the Seton Hall University Law Review, Hunton & Williams partners Terry Connor and Kevin White question whether the Equal Employment Opportunity Commission (“EEOC”) had the statutory authority to publish its April 2012 Guidance interpreting Title VII to impose disparate impact liability on employers who consider applicants’ criminal backgrounds as part of the hiring process.

Tags: Criminal Law, Workplace Privacy

Massive Online Data Collection Class Action Lawsuit Moves Forward

Posted on June 17, 2013 by Hunton & Williams LLP

On June 11, 2013, the United States Court of Appeals for the Seventh Circuit denied software maker comScore, Inc.’s petition to appeal class certification in a litigation related to comScore software that allegedly collected extensive data from consumers’ computers without authorization. The plaintiffs alleged that comScore (an online analytics company) gathered data from consumers’ computers through software that it bundled with third-party software, such as free screensavers, games, music-copying programs and greeting card templates. According to the plaintiffs, this software collected data including “the monitored consumer’s usernames and passwords; queries on search engines…; the website(s) the monitored consumer is currently viewing; credit card numbers and any financial or otherwise sensitive information inputted into any website the monitored consumer views; the goods purchased online by the monitored consumer, the price paid by the monitored consumer for the goods, and amount of time the monitored consumer views the goods before purchase; and specific advertisements clicked by the monitored consumer,” as well as data about all files on the consumer’s computer.

Tags: Consumer Protection, Credit Monitoring, Litigation, U.S. Federal Law

FDA Issues Safety Communication and Guidance on Cybersecurity for Medical Devices

Posted on June 14, 2013 by Hunton & Williams LLP

On June 13, 2013, the Food and Drug Administration (“FDA”) published a safety communication and guidance regarding the vulnerability of medical devices to cyberattacks. The safety communication, Cybersecurity for Medical Devices and Hospital Networks, is intended for “[m]edical device manufacturers, hospitals, medical device user facilities, health care IT and procurements staff; and biomedical engineers.” The safety communication notes that because medical devices can be connected to other devices and the Internet, such devices are exposed to cyber attacks that might result from malware infections, the exploitation of weak password protections, a lack of updated security patches and security vulnerabilities in software installed on medical devices.

Tags: Cybersecurity, Health Privacy, Mobile Device

UK ICO Publishes Social Networking and Online Forums Guidance

Posted on June 14, 2013 by Hunton & Williams LLP

The UK Information Commissioner’s Office (“ICO”) has published guidance on the application of the Data Protection Act 1998 (“DPA”) to social networking sites and online forums. The guidance emphasizes that organizations and individuals that process data for non-personal purposes must comply with DPA requirements in their use of social networking sites and online forums just as they would in any other context.

Tags: Christopher Graham, Compliance, Data Controller, Data Protection Act, European Union, Information Commissioners Office, International, Online Privacy, Social Media, United Kingdom

Japan Applies to Participate in APEC Cross-Border Privacy Rules Framework

Posted on June 12, 2013 by Hunton & Williams LLP

On June 7, 2013, the Japanese Government applied to participate in the APEC Cross-Border Privacy Rules program. Japan’s application will be reviewed to verify that Japan has the necessary legal mechanisms to ensure that certified companies can be held accountable. If approved, Japan will join the United States and Mexico, which also are APEC-certified economies, and it is likely a number of Japanese seal programs will apply for certification as accountability agents. Once the requisite elements are in place, Japanese companies will be able to apply for approval of their cross-border privacy rules.

Tags: Accountability, APEC, Binding Corporate Rules, Centre for Information Policy Leadership, European Commission, European Union, International, Japan

FTC Issues a Guide for Businesses and Organizations on the Red Flags Rule

Posted on June 11, 2013 by Hunton & Williams LLP

In May 2013, the Federal Trade Commission released a new guide entitled Fighting Identity Theft with the Red Flags Rule: A How-To Guide for Business (the “Guide”) to help businesses and organizations determine whether they are subject to the FTC’s Red Flags Rule (“Red Flags Rule”) and how to meet the Rule’s requirements. The FTC’s Guide includes information regarding what types of entities must comply with the Red Flags Rule, a set of FAQs, and a four-step process to achieve compliance.

Tags: Consumer Protection, Federal Trade Commission, Financial Privacy, Identity Theft, Red Flags Rule

Hunton Publishes Analysis Paper on the Irish Presidency’s Draft Compromise Text on the Proposed EU Data Protection Regulation

Posted on June 10, 2013 by Hunton & Williams LLP

As we previously reported, on May 31, 2013, the Irish Presidency of the Council of the European Union’s Justice and Home Affairs released a draft compromise text in response to the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”). This compromise text narrows the scope of the Proposed Regulation and seeks to move from a detailed, prescriptive approach toward a risk-based framework.

Tags: Council of the European Union, EU Data Protection Directive, EU Member States, EU Regulation, European Commission, European Union, International, Right to Be Forgotten

Privacy and Information Security Law Blog - Global privacy and information security law updates and analysis

Author Archives: Hunton & Williams LLP

HHS Settles with Shasta Regional Medical Center

Jessica Rich Named FTC Director of Consumer Protection

The Consideration of Arrest and Conviction Records in Employment Decisions: A Critique of the EEOC Guidance

Massive Online Data Collection Class Action Lawsuit Moves Forward

FDA Issues Safety Communication and Guidance on Cybersecurity for Medical Devices

Japan Applies to Participate in APEC Cross-Border Privacy Rules Framework

FTC Issues a Guide for Businesses and Organizations on the Red Flags Rule

Hunton Publishes Analysis Paper on the Irish Presidency’s Draft Compromise Text on the Proposed EU Data Protection Regulation

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