OCR Settlement Emphasizes Importance of Audit Controls

On February 16, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) entered into a resolution agreement with Memorial Healthcare System (“Memorial”) that emphasized the importance of audit controls in preventing breaches of protected health information (“PHI”). The $5.5 million settlement with Memorial is the fourth enforcement action taken by OCR in 2017, and matches the largest civil monetary ever imposed against a single covered entity. Continue Reading

CIPL Submits Comments to Article 29 Working Party’s Proposed Guidelines

On February 15, 2017, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted two sets of formal comments to the Article 29 Working Party (the “Working Party”). CIPL commented on the Guidelines for identifying a controller or processor’s lead supervisory authority (“Lead Authority Guidelines”), and on the Guidelines on the right to data portability (“Data Portability Guidelines”). Both were adopted by the Working Party on December 13, 2016, for public consultation.  Continue Reading

Australia Enacts New Data Breach Notification Law

On February 13, 2017, the Parliament of Australia passed legislation that amends the Privacy Act of 1988 (the “Privacy Act”) and requires companies with revenue over $3 million AUD ($2.3 million USD) to notify affected Australian residents and the Australian Information Commissioner (the “Commissioner”) in the event of an “eligible data breach.” Continue Reading

European Data Protection Supervisor Publishes Priorities for 2017

On February 15, 2017, the European Data Protection Supervisor (“EDPS”) published its Priorities for 2017 (the “EDPS Priorities”). The EDPS Priorities consist of a note listing the strategic priorities and a color-coded table listing the European Commission’s proposals that require the EDPS’ attention, sorted by level of priority. Continue Reading

China Publishes Draft Measures for Security Review of Network Products and Services

On February 4, 2017, the Cyberspace Administration of China published a draft of its proposed Measures for the Security Review of Network Products and Services (the “Draft”). Under the Cybersecurity Law of China, if an operator of key information infrastructure purchases network products and services that may affect national security, a security review is required. The Draft provides further hints of how these security reviews may actually be carried out, and is open for comment until March 4, 2017. Continue Reading

DPA of Argentina Issues Draft Data Protection Bill

As previously published on the Data Privacy Laws blog, Pablo A. Palazzi, partner at Buenos Aires law firm Allende & Brea, provides the following report.

Earlier this month, the Argentine Data Protection Agency (“DPA”) posted the first draft of a new data protection bill (the “Draft Bill”) on its website. Argentina’s current data protection bill was enacted in December 2000. Argentina was the first Latin American country to be recognized as an adequate country by the European Union. Continue Reading

House of Representatives Passes Email Privacy Act

On February 6, 2017, the House of Representatives suspended its rules and passed by voice vote H.R 387, the Email Privacy Act. As we previously reported, the Email Privacy Act amends the Electronic Communications Privacy Act (“ECPA”) of 1986. In particular, the legislation would require government entities to obtain a warrant, based on probable cause, before accessing the content of any emails or electronic communications stored with third-party service providers, regardless of how long the communications have been held in electronic storage by such providers. Continue Reading

FTC Announces Settlement Regarding Collecting Consumer TV Viewing Data

On February 6, 2017, the FTC announced that it has agreed to settle charges that VIZIO, Inc. (“VIZIO”), installed software on about 11 million consumer televisions to collect viewing data without consumers’ knowledge or consent. The stipulated federal court order requires VIZIO to pay $2.2 million to the FTC and New Jersey Division of Consumer Affairs.  Continue Reading

OCR Issues Penalty for Noncompliance with HIPAA Privacy and Security Rules

On February 1, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced a $3.2 million civil monetary penalty against Children’s Medical Center of Dallas (“Children’s”) for alleged ongoing violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy and Security Rules, following two consecutive breaches of patient electronic protected health information (“ePHI”). This is the third enforcement action taken by OCR in 2017, following the respective actions taken against MAPFRE Life Insurance of Puerto Rico and Presence Health earlier in January. Continue Reading

LexBlog