Archives: Information Security

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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

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

On February 15, 2017, the Centre for Information Policy Leadership at Hunton & Williams LLP submitted two sets of formal comments to the Article 29 Working Party. CIPL commented on the Guidelines for identifying a controller or processor’s lead supervisory authority, and on the Guidelines on the right to data portability.… 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 and requires companies with revenue over 3 million AUD (2.3 million USD) to notify affected Australian residents and the Australian Information 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 published its Priorities for 2017. 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. 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 is open for comment until March 4, 2017.… Continue Reading

CIPL to Hold Next GDPR Implementation Workshop in Madrid

On March 6 and 7, 2017, the Centre for Information Policy Leadership at Hunton & Williams LLP and over 100 public and private sector participants in CIPL’s GDPR Implementation Project will convene in Madrid, Spain, for CIPL’s third major GDPR implementation workshop.… Continue Reading

DPA of Argentina Issues Draft Data Protection Bill

Pablo Palazzi, from Buenos Aires law firm Allende & Brea, reports that earlier this month, the Argentine Data Protection Agency posted the first draft of a new data protection bill on its website. The Draft Bill is heavily based on the EU GDPR and maintains the structure of Argentina’s current data protection bill.… 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. The Email Privacy Act now moves to the Senate, where it will be considered by the Senate Judiciary Committee. … 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

UK Government Quizzed on GDPR Implementation and Post-Brexit Data Protection

On February 1, 2017, Matt Hancock, the UK Government Minister responsible for data protection, was questioned by the House of Lords committee on the UK’s implementation plan of the EU General Data Protection Regulation in the context of Brexit. In responding to the questioning, Hancock revealed further details into the UK Government’s position on implementing the GDPR into UK law.… Continue Reading

UK Government Releases Plan for Exiting the EU

On February 2, 2017, the UK government published a white paper entitled The United Kingdom’s exit from and new partnership with the European Union, which makes clear that the UK intends to maintain close ties with the European Union and its 27 remaining Member States after Brexit. … Continue Reading

FTC Issues Report on Cross-Device Tracking

On January 23, 2017, the FTC released a Staff Report on cross-device tracking technology that can link multiple Internet-connected devices to the same person and track that person’s activity across those devices. The Report follows a November 2015 workshop on the same subject and is based on information and comments gathered during that workshop.… Continue Reading

South Korea Seeks to Join APEC Cross-Border Privacy Rules

On January 17, 2017, the International Trade Administration announced that South Korea formally submitted its intent to join the APEC Cross-Border Privacy Rules system. South Korea would be the fifth APEC economy to join the system, joining the United States, Mexico, Canada and Japan. … 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

NERC Releases Draft Standard for Cybersecurity Supply Chain Risk Management

On January 19, 2017, the North American Electric Reliability Corporation released a draft Reliability Standard CIP-013-1 – Cyber Security – Supply Chain Risk Management which addresses “supply chain risk management for industrial control system hardware, software, and computing and networking services associated with bulk electric system operations.”… Continue Reading

Email Privacy Act Reintroduced in Congress

On January 9, 2017, Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO) reintroduced the Email Privacy Act, which would amend the Electronic Communications Privacy Act to 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

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

Federal Energy Regulatory Commission Publishes Final CEII Regulations

Last month, the Federal Energy Regulatory Commission published its final Regulations Implementing FAST Act Section 61003-Critical Electric Infrastructure Security and Amending Critical Energy Infrastructure Information. The CEII Regulations are intended to implement new authority granted to FERC by the Fixing America’s Surface Transportation Act, which became law in December 2015.… Continue Reading

Swiss-U.S. Privacy Shield Announced

On January 11, 2017, the Swiss Federal Data Protection and Information Commissioner announced that it has reached an agreement with the U.S. Department of Commerce on a new Swiss-U.S. Privacy Shield framework, which will allow companies to legally transfer Swiss personal data to the U.S.… 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

NIST Releases Privacy Engineering and Risk Management Guidance for Federal Agencies

On January 4, 2017, the National Institute of Standards and Technology announced the final release of NISTIR 8062, An Introduction to Privacy Engineering and Risk Management in Federal Systems. NISTIR 8062 describes the concept of applying systems engineering practices to privacy and sets forth a model for conducting privacy risk assessments on federal systems. … Continue Reading
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