On May 25, 2021, the Office for Civil Rights of the U.S. Department of Health and Human Services announced that it had reached a settlement with a clinical laboratory for violations of the HIPAA Security Rule. As part of this settlement, the company agreed to pay OCR $25,000 and to implement a robust corrective action plan.
Continue Reading HHS Reaches Settlement with Clinical Laboratory for Alleged Violations of HIPAA Security Rule

On May 11, 2021, Senators Edward Markey (D-MA) and Bill Cassidy (R-LA) introduced the Children and Teens’ Online Privacy Protection Act. The Bill, which would amend the existing Children’s Online Privacy Protection Act, would prohibit companies from collecting personal information from children ages 13 to 15 without their consent.
Continue Reading Senate Bill Would Expand Federal Children’s Privacy Protections

On April 27, 2021, the Portuguese Data Protection Authority ordered the National Institute of Statistics to suspend, within 12 hours, any international transfers of personal data to the U.S. or other third countries that have not been recognized as providing an adequate level of data protection.
Continue Reading Portuguese DPA Orders Suspension of U.S. Data Transfers by Agency That Relied on SCCs

Building upon its April 2020 business guidance on Artificial Intelligence and Algorithms, the FTC has published new guidance focused on how businesses can promote truth, fairness and equity in their use of AI. In the guidance, the FTC recognizes the potential benefits of AI, but stresses the need to harness these benefits without inadvertently introducing bias or other unfair outcomes.
Continue Reading FTC Reiterates AI Best Practices

As reported on Hunton’s Retail Law Blog, on April 22, 2021, the U.S. Supreme Court unanimously held in a highly-anticipated case, AMG Capital Management, LLC v. FTC, that the Federal Trade Commission cannot seek or obtain equitable monetary relief pursuant to §13(b) of the FTC Act, putting an end to the use of §13(b) as a significant enforcement tool.
Continue Reading Supreme Court Rules FTC Cannot Rely on “Injunction” Provision to Obtain Equitable Monetary Relief

The Biden administration announced it intends to nominate Chris Inglis, a former Deputy Director of the National Security Agency, to be the first U.S. National Cyber Director, subject to Senate confirmation. The newly-established position, which will serve as the President’s principal cybersecurity policy and strategy advisor, and the Office of the National Cyber Director were created under the National Defense Authorization Act for Fiscal Year 2021, which became law on January 1, 2021.
Continue Reading White House to Nominate First National Cyber Director

On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook, Inc. v. Duguid et al., No. 19-511 (Apr. 1, 2021). At issue in Facebook, was the question of what technology constitutes an “automatic telephone dialing system” within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. The Supreme Court’s unanimous decision is a huge win for companies who communicate with their consumers by telephone/text message.
Continue Reading Supreme Court Adopts Narrow Interpretation of ATDS