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FTC Announces Settlement Over Alleged Consent Order Violation

On March 17, 2017, the Federal Trade Commission announced that Upromise, Inc., agreed to pay 500,000 dollars to settle allegations that it violated the terms of a 2012 consent order that required Upromise to provide notice to consumers regarding its data collection and use practices, and obtain third-party audits.… Continue Reading

ICO Publishes Guidance on Consent under the EU GDPR

Recently, the UK Information Commissioner’s Office published draft guidance regarding the consent requirements of the EU General Data Protection Regulation that sets forth how the ICO interprets the GDPR’s consent requirements, and its recommended approach to compliance and good practice. … Continue Reading

FCC Stays Implementation of Data Security Rules

On March 1, 2017, the Federal Communications Commission, under the new leadership of Chairman Ajit Pai, voted 2-1 to issue a temporary stay of the data security obligations of the FCC’s Broadband Consumer Privacy Rules, which were to go into effect March 2, 2017. The temporary stay will remain in place until the FCC is able to act on pending petitions for reconsideration. … Continue Reading

OCR Settlement Emphasizes Importance of Audit Controls

On February 16, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights entered into a resolution agreement with Memorial Healthcare System that emphasized the importance of audit controls in preventing breaches of protected health information. The 5.5 million dollar 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

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., 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 dollars to the FTC and New Jersey Division of Consumer Affairs. … Continue Reading

OCR Settlement Emphasizes Importance of Implementing Safeguards to Protect PHI

On January 18, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights entered into a resolution agreement with MAPFRE Life Insurance Company of Puerto Rico relating to a breach of protected health information contained on a portable storage device. This is the second enforcement action taken by OCR in 2017, following the action taken against Presence Health earlier this month for failing to make timely breach notifications.… Continue Reading

OCR Settles First Enforcement Action for Untimely Reporting of a Breach

On January 7, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights entered into a resolution agreement with Presence Health stemming from the entity’s failure to notify affected individuals, the media and OCR within 60 days of discovering a breach. This marks the first OCR settlement of 2017 and the first enforcement action relating to untimely breach reporting by a HIPAA covered entity.… Continue Reading

Chile Expected to Consider New Data Protection Legislation

On January 3, 2017, as reported in Bloomberg Law: Privacy and Data Security, Chilean legislators are soon expected to consider a new data protection law which would impose new privacy compliance standards and certain enforcement provisions on companies doing business in Chile. … Continue Reading

European Commission Plans to Upgrade e-Privacy Directive to a Regulation

On December 12, 2016, Politico reported that the European Commission intends to replace the e-Privacy Directive with a Regulation. The planned shift from a Directive to a Regulation means that the Regulation will create a harmonized set of requirements at the EU level that are directly applicable in the Member States. … Continue Reading

HHS Announces HIPAA Settlement with UMass

On November 22, 2016, the Department of Health and Human Services announced a $650,000 settlement with University of Massachusetts Amherst, resulting from alleged violations of the Health Insurance Portability and Accountability Act of 1996 Privacy and Security Rules. … Continue Reading

France Adopts Class Action Regime for Data Protection Violations

On November 19, 2016, the French government enacted a bill creating a legal basis for class actions against data controllers and processors resulting from data protection violations. The bill establishes a general class action regime and includes specific provisions regarding data protection violations.… Continue Reading

Russia Set to Block Access to LinkedIn

On November 10, 2016, Moscow’s Court of Appeal upheld a lower court’s decision that LinkedIn violated Russia’s data localization law requiring Russian personal data to be stored within Russian territory. Roskomnadzor, Russia’s data protection authority, is now set to block access to the social media website across Russia.… Continue Reading

FinCEN Issues Advisory on SAR Reporting Obligations Involving Cyber Crime

Recently, the U.S. Department of Treasury’s Financial Crimes Enforcement Network issued an advisory entitled Advisory to Financial Institutions on Cyber-Events and Cyber-Enabled Crime, to help financial institutions understand how to fulfill their Bank Secrecy Act obligations with regard to cyber events and cyber-enabled crime.… Continue Reading

Entry into Force of the French Digital Republic Bill

On October 7, 2016, the French Digital Republic Bill (the “Bill”) was enacted after a final vote from the Senate. The Bill aligns the French legal data protection framework with the EU General Data Protection Regulation (“GDPR”) requirements before the GDPR becomes applicable in May 2018.… Continue Reading

UK ICO Seeks Personal Liability for Directors

On October 13, 2016, Elizabeth Denham, the UK Information Commissioner, suggested at a House of Commons Public Bill Committee meeting that directors of companies who violate data protection laws should be personally liable to pay fines.… Continue Reading

Department of Defense Finalizes Rule for Cyber Incident Reporting

On October 4, 2016, the U.S. Department of Defense finalized a new mandatory cyber incident reporting rule for defense contractors. The new rule applies to DoD contractors and subcontractors that are targets of any cyber incident with a potential adverse impact on information systems and "covered defense information" on those systems. … Continue Reading
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