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By McDermott Will & Emery on May 13, 2015
Posted In Big Data, Consumer Protection, Cybersecurity, Data Privacy, General Interest, Mobile Apps, Social Media
On 11 May 2015, the UK Information Commissioner’s Office (ICO), the French data protection authority (CNIL) and the Office of the Privacy Commissioner of Canada (OPCC) announced their participation in a new Global Privacy Enforcement Network (GPEN) privacy sweep to examine the data privacy practices of websites and apps aimed at or popular among children....
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Where Are We Now? The NIST Cybersecurity Framework One Year Later
By McDermott Will & Emery and Amy C. Pimentel on May 4, 2015
Posted In Cybersecurity, Data Privacy, Workplace Privacy
The National Institute of Standards and Technology (NIST) released its Cybersecurity Framework (Framework) almost 15 months ago and charged critical infrastructure companies within the United States to improve their cybersecurity posture. Without question, the Framework has sparked a national conversation about cybersecurity and the controls necessary to improve it. With regulators embracing the Framework, industry...
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Telehealth: Implementation Challenges in an Evolving Dynamic
By McDermott Will & Emery on Apr 28, 2015
Posted In Big Data, Data Privacy, General Interest, Mobile Apps
As part of its four-part Digital Health webinar series, on April 14, 2015, McDermott Will & Emery presented “Telehealth: Implementation Challenges in an Evolving Dynamic.” Telehealth (also known as telemedicine) generally refers to the use of technology to support the remote delivery of health care. For example: A health care provider in one place is...
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Recent Decisions Narrow Scope of Liability under Video Privacy Protection Act
By McDermott Will & Emery on Apr 27, 2015
Posted In Consumer Protection, Data Privacy, Mobile Apps
Two significant decisions under the Video Privacy Protection Act (VPPA) in recent weeks have provided new defenses to companies alleged to have run afoul of the statute. Bringing the long-running litigation against Hulu to a close–at least pending appeal–the court in In re: Hulu Privacy Litigation granted summary judgment in favor of Hulu, holding that...
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Junk Fax Act Compliance: One Week Left to Request a Waiver for Non-Compliance
By McDermott Will & Emery on Apr 23, 2015
Posted In Advertising & Marketing, Consumer Protection, General Interest
Thursday, April 30, 2015, marks the last day a business can request a retroactive waiver for failing to comply with certain fax advertising requirements promulgated by the Federal Communications Commission (FCC). The scope of these requirements was clarified on October 30, 2014, when the FCC issued an Order (2014 Order) under the Junk Fax Prevention...
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Cybersecurity Update: U.S. Sanctions on the Horizon for Malicious Cyber-Attackers
By McDermott Will & Emery and Amy C. Pimentel on Apr 21, 2015
Posted In Cybersecurity
Executive Order 13694 is the Obama Administration’s latest tool to combat cybersecurity threats. On April 1, 2015, President Obama declared a national emergency to address the “increasing prevalence and severity of malicious cyber-enabled activities” originating from outside the United States that “constitute an unusual and extraordinary threat to the national security, foreign policy and economy...
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Employers with Group Health Plans: Have You Notified State Regulators of the Breach?
By McDermott Will & Emery and Amy C. Pimentel on Feb 20, 2015
Posted In Consumer Protection, Cybersecurity, Data Privacy, General Interest
Data security breaches affecting large segments of the U.S. population continue to dominate the news. Over the past few years, there has been considerable confusion among employers with group health plans regarding the extent of their responsibility to notify state agencies of security breaches when a vendor or other third party with access to participant...
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The FTC Did Some Kid-ding Around in 2014
By McDermott Will & Emery on Feb 12, 2015
Posted In Advertising & Marketing, Consumer Protection, Data Privacy, Email/Spam, Mobile Apps
2014 was a busy year for the Federal Trade Commission (FTC) with the Children’s Online Privacy Protection Act (COPPA). The FTC announced something new under COPPA nearly every month, including: In January, the FTC issued an updated version of the free consumer guide, “Net Cetera: Chatting with Kids About Being Online.” Updates to the guide...
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C-Suite – Changing Tack on the Sea of Data Breach?
By McDermott Will & Emery on Feb 6, 2015
Posted In Big Data, Consumer Protection, Cybersecurity, Data Privacy, General Interest
The country awoke to what seems to be a common occurrence now: another corporation struck by a massive data breach. This time it was Anthem, the country’s second largest health insurer, in a breach initially estimated to involve eighty million individuals. Both individuals’ and employees’ personal information is at issue, in a breach instigated by...
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In with the New: 2015 Privacy, Advertising and Digital Media Predictions – Part III
By McDermott Will & Emery on Jan 15, 2015
Posted In Data Privacy
Part III of our 2015 predictions series comes from Of Digital Interest editor and McDermott partner, Heather Sussman, who predicts that states will be active with privacy and data security legislation during 2015. States Active with Privacy and Data Security Legislation With comparatively little movement from the federal government in 2014, state legislatures around the...
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