Unsecured PHI Leads to OCR Settlement with Closed Business

On February 13, 2018, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced that it entered into a resolution agreement with the receiver appointed to liquidate the assets of Filefax, Inc. (“Filefax”) in order to settle potential violations of HIPAA. Filefax offered medical record storage, maintenance and delivery services for covered entities, and had gone out of business during the course of OCR’s investigation.  Continue Reading

Bing Maisog Speaks on Security Standards in China

In a recent video, Hunton & Williams LLP’s partner Manuel (“Bing”) Maisog discusses the Standardization Administration of China’s recent specifications for security standards in China. The specifications will come into effect on May 1, 2018, and will act as a best practices guide for the collection and use of personal information. Bing provides an overview of the specifications, and also asserts that because the specifications are more straightforward and easy to understand than compulsory regulations, this is the best way for entities to begin the process of compliance with security requirements in China.

View Bing’s video on the security standards in China.

CFTC Brings Cybersecurity Enforcement Action

On February 12, 2018, in a settled enforcement action, the U.S. Commodity Futures Trading Commission (“CFTC”) charged a registered futures commission merchant (“FCM”) with violations of CFTC regulations relating to an ongoing data breach. Specifically, the FCM failed to diligently supervise an information technology provider’s (“IT vendor’s”) implementation of certain provisions in the FCM’s written information systems security program. Though not unprecedented, this case represents a rare CFTC enforcement action premised on a cybersecurity failure at a CFTC-registered entity. Continue Reading

FTC Releases PrivacyCon 2018 Agenda

On February 6, 2018, the Federal Trade Commission (“FTC”) released its agenda for PrivacyCon 2018, which will take place on February 28. Following recent FTC trends, PrivacyCon 2018 will focus on privacy and data security considerations associated with emerging technologies, including the Internet of Things, artificial intelligence and virtual reality. The event will feature four panel presentations by over 20 researchers, including (1) collection, exfiltration and leakage of private information; (2) consumer preferences, expectations and behaviors; (3) economics, markets and experiments and (4) tools and ratings for privacy management. The FTC’s press release emphasizes the event’s focus on the economics of privacy, including “how to quantify the harms that result when companies fail to secure consumer information, and how to balance the costs and benefits of privacy-protective technologies and practices.” Continue Reading

Head of Austrian DPA Appointed Chair of Article 29 Working Party

On February 7, 2018, representatives of European Data Protection Authorities (“DPAs”) met in Brussels to appoint the new leader of the current Article 29 Data Protection Working Party (the “Working Party”). Andrea Jelinek, head of the Austrian DPA, was elected to the post and will replace Isabelle Falque-Pierrotin, leader of the French DPA, who has represented the Working Party over the past four years. Continue Reading

FTC Brings Its Thirtieth COPPA Case, Against Online Talent Agency

On February 5, 2018, the Federal Trade Commission (“FTC”) announced its most recent Children’s Online Privacy Protection Act (“COPPA”) case against Explore Talent, an online service marketed to aspiring actors and models. According to the FTC’s complaint, Explore Talent provided a free platform for consumers to find information about upcoming auditions, casting calls and other opportunities. The company also offered a monthly fee-based “pro” service that promised to provide consumers with access to specific opportunities. Users who registered online were asked to input a host of personal information including full name, email, telephone number, mailing address and photo; they also were asked to provide their eye color, hair color, body type, measurements, gender, ethnicity, age range and birth date. Continue Reading

Singapore PDPC Issues Response to Public Feedback Regarding Data Protection Consultation

On February 1, 2018, the Singapore Personal Data Protection Commission (the “PDPC”) published its response to feedback collected during a public consultation process conducted during the late summer and fall of 2017 (the “Response”). During that public consultation, the PDPC circulated a proposal relating to two general topics: (1) the relevance of two new alternative bases for collecting, using and disclosing personal data (“Notification of Purpose” and “Legal or Business Purpose”), and (2) a mandatory data breach notification requirement. The PDPC invited feedback from the public on these topics. Continue Reading

HHS Announces $3.5 Million Settlement with Fresenius Medical Care

On February 1, 2018, the Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced a settlement with dialysis clinic operator, Fresenius Medical Care (“Fresenius”). Fresenius will pay OCR $3.5 million to settle claims brought under Health Insurance Portability and Accountability Act rules, alleging that lax security practices led to five breaches of electronic protected health information. Continue Reading

CIPL Submits Comments to Article 29 WP’s Updated BCR Working Documents

On January 18, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its updated Working Documents, which include a table with the elements and principles found in Binding Corporate Rules (“BCRs”) and Processor Binding Corporate Rules (the “Working Documents”). The Working Documents were adopted by the Working Party on October 3, 2017, for public consultation. Continue Reading

CIPL Submits Comments to Article 29 WP’s Proposed Guidelines on Transparency

On January 29, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its Guidelines on Transparency (the “Guidelines”). The Guidelines were adopted by the Working Party on November 28, 2017, for public consultation. Continue Reading

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