Senator Mark Warner of Virginia has released a white paper outlining policy proposals for regulating social media and technology companies. The paper has gained significance in recent weeks as pressure builds on Congress to pass federal data privacy legislation. In the wake of Europe’s GDPR and California’s Consumer Privacy Act, industry groups, tech companies, and privacy activists alike have urged Congress to act.… More
Tag Archives: privacy
On September 23, 2018, California Governor Jerry Brown signed into law SB-1121, a bill that makes several amendments to the Golden State’s landmark Consumer Privacy Act (“CCPA”). California enacted the CCPA in June after legislators reached a last-minute compromise with a group of privacy activists who would have put a more stringent data protection measure on the November ballot. Given the hasty enactment of the law,… More
As if having to deal with all the EU’s Data Protection Authorities wasn’t challenge enough for companies trying to comply with GDPR, the FTC has now asserted that it has a role in GDPR enforcement. In particular, the FTC says it has a role in making sure that US companies live up to the GDPR-related promises that they make. This position came to fruition in a proposed FTC settlement with California-based employment training company,… More
The Interplay of HIPAA, Privacy and Data Security Principles, and Health Information Interoperability
It was my pleasure yesterday to speak at MedInnovation Boston 2018, and deliver a presentation on “The Interplay of HIPAA, Privacy and Data Security Principles, and Health Information Interoperability“. With constantly evolving technology and the new GDPR legal framework. achieving interoperability seems harder than ever. More
It is the last day of Bio 2018 and I am attending a curiously titled session: Is Biotechnology Drowning in Health Related Data? The panel’s answer to that question is “no” — in fact, they all agreed there isn’t enough data yet, if we want to achieve “convergence”. That’s the new buzz word: convergence. One speaker described it as “a better quantification of humanity.” … More
It took three days, but I finally found a panel at BIO 2018 that addressed the current challenges in privacy and security regarding health data. This panel, Realizing the Potential of Clinical and Consumer Genomics, was focused on all the new genetic tests that are available (with more to come) and all the genetic data those tests are generating. I was particularly impressed with the approach of Mindstrong Health to privacy and security,… More
The late rapper known as The Notorious B.I.G. recorded a song called, “Mo Money, Mo Problems.” Many of the lyrics can’t be repeated here, but the refrain can:
“It’s like the more money we come across
The more problems we see.”
Privacy Shield: Article 29 Working Party Calls Upon the European Commission and US Authorities to Restart Discussions
On November 28, 2017, the EU’s Article 29 Working Party issued its report on the First Annual Joint Review of the EU-US Privacy Shield, which was conducted on September 18-19, 2017.
A 152 page judgment was rendered today by the Irish High Court in Schrems II: DPC v Facebook.
Not surprisingly, the court decided to refer the case to the Court of Justice of the European Union to make a decision about the validity of the three decisions issued by the Commission for the Standard Contractual Clauses.
Ms. Justice Caroline Costello referred these issues because she concurred with the Irish Data Protection Commissioner’s view there are “well founded”… More
In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has declared that inaccuracies in a published credit report may sometimes constitute a “concrete injury” sufficient to confer Article III standing. This is a significant win for consumer protection advocates,… More