Tag Archives: Penalty

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

OCR Settles Largest HIPAA Violation Against a Single Covered Entity

On August 4, 2016, the U.S. Department of Health and Human Services' Office for Civil Rights entered into a resolution agreement with Advocate Health Care Network over alleged HIPAA violations. The multimillion dollar settlement with Advocate is the largest settlement to date against a single covered entity.… Continue Reading

OCR Enters into First Enforcement Action Against Business Associate

On June 30, 2016, the U.S. Department of Health and Human Services’ Office for Civil Rights announced that it had settled potential HIPAA Security Rule violations with Catholic Health Care Services of the Archdiocese of Philadelphia. This is the first enforcement action OCR has taken against a business associate since the HIPAA Omnibus Rule was enacted in 2013.… Continue Reading

French Parliament Rejects Data Localization Amendment

On June 30, 2016, a joint committee composed of representatives from both chambers of the French Parliament reached a common position on the French ‘Digital Republic’ Bill that rejects the data localization amendment previously approved by the French Senate, but significantly amends other aspects of the French Data Protection Act. … Continue Reading

Ad Network to Pay Nearly 1 Million in Civil Penalties to Settle FTC Charges That It Geo-Tracked Consumers Without Permission

On June 22, 2016, the Federal Trade Commission announced that it reached a settlement with a mobile advertising company, InMobi, to resolve charges that the company deceptively tracked hundreds of millions of consumers’ locations without their knowledge or consent. Among other requirements, the settlement orders the company to pay 950,000 dollars in civil penalties. … Continue Reading

Pharmaceutical Company to Plead Guilty and Settle Drug Marketing Charges

Recently, Aegerion Pharmaceuticals announced that it will enter into several settlements and plead guilty to two misdemeanors in connection with alleged violations of HIPAA, drug marketing regulations and securities laws. The criminal charges stem from the company’s marketing of a cholesterol drug called Juxtapid. Aegerion allegedly failed to comply with risk evaluation and management strategies and … Continue Reading

Consumer Financial Protection Bureau Imposes First Ever Data Security Fine

On February 27, 2016, the Consumer Financial Protection Bureau reached a settlement with Dwolla, Inc., an online payment system company, to resolve claims that the company made false representations regarding its data security practices in violation of the Consumer Financial Protection Act. Among other things, the consent order imposes a 100,000 dollar fine on Dwolla. This marks the first data security-related fine imposed by the CFPB. … Continue Reading

Taiwan Amends Personal Data Protection Law

Taiwan’s Office of the President recently issued an order to promulgate certain amendments to Taiwan’s Personal Data Protection Law. The Amendments revise 12 articles in the PDPL concerning the collection and use of sensitive personal data, the form of consent for the collection of non-sensitive personal data, and the imposition of criminal liability for certain violations of the PDPL. … Continue Reading

Anti-Terrorism Law Enacted in China

On December 27, 2015, the Standing Committee of the National People’s Congress of the People’s Republic of China published the P.R.C. Anti-Terrorism Law. The law was enacted in response to a perceived growing threat from extremists and terrorists, particularly in regions in Western China, and came into effect on January 1, 2016.… Continue Reading

California Attorney General Announces $25 Million Settlement with Comcast

On December 15, 2015, the California Attorney General announced an approximately 25 million dollar settlement with Comcast Cable Communications, LLC stemming from allegations that Comcast disposed of electronic equipment (1) without properly deleting customer information from the equipment and (2) in landfills that are not authorized to accept electronic equipment.… Continue Reading

FTC Issues COPPA Settlements Against Mobile App Operators

On December 17, 2015, the FTC announced a pair of COPPA settlements against operators of child-direct mobile apps available for download in the major app stores. These cases are the FTC’s first COPPA actions involving the collection of persistent identifiers from children since the FTC’s updated COPPA Rule went into effect in 2013.… Continue Reading

HIPAA Settlement Emphasizes Importance of Risk Analyses

On December 14, 2015, the U.S. Department of Health and Human Services’ Office for Civil Rights announced that it had settled potential HIPAA Security Rule violations with the University of Washington on behalf of the university’s medical center, medical school and affiliated labs and clinics. … Continue Reading

FCC Reaches Settlement with Cable Operator over Customer Data Breach

On November 5, 2015, the Enforcement Bureau of the Federal Communications Commission (“FCC”) entered into a Consent Decree with cable operator Cox Communications to settle allegations that the company failed to properly protect customer information when the company’s electronic data systems were breached in August 2014 by a hacker. The FCC alleged that Cox failed … Continue Reading