In the FTC’s first case focused on the privacy and security of genetic information, the FTC alleges that San Francisco-based Vitagene, Inc. – now known as 1Health.io – failed to live up to its promises and unfairly changed material privacy terms without customers’ consent.
After consumers paid between $29 and $259, sent a saliva sample to Vitagene, and answered an online questionnaire about their health history,… More
In a very comprehensive post from the Federal Trade Commission’s Office of Technology, the FTC takes what it calls “[a] deep dive into the technical side of FTC’s recent cases on digital health platforms, GoodRx & BetterHelp.”
As most readers know, the FTC recently took enforcement action against GoodRx and BetterHelp, two digital healthcare platforms, for allegedly sharing user health data with third parties for advertising.… More
On July 7, 2021, Governor Jared Polis signed into law the Colorado Privacy Act (CPA), making Colorado the most recent state to enact comprehensive privacy legislation. While the CPA does not take effect until July 1, 2023, it contains robust provisions that businesses will need some time to prepare for.
The CPA draws many principles from and has a similar framework to the California Consumer Privacy Act (CCPA),… More
On June 10, 2021, China adopted a new Data Security Law that will impact every business operating in or doing business with China. The law, which will take effect in less than a month (September 1, 2021), is sweeping in scope, imposes extensive data processing obligations, and establishes potentially severe penalties for violations. Although many of the details surrounding implementation remain unclear, given the law’s extensive requirements and severe penalties for noncompliance,… More
In early June, the Cyberspace Administration of China released for public comment new draft regulations applicable to the collection of personal information relating to children under 14 by online service providers.
The draft regulations share many of the same structures as those utilized by the Children’s Online Privacy Protection Act (“COPPA”) in the United States:
Start-up companies know that, when potential investors kick the tires, they will look carefully at the company’s business model and IP portfolio. These days, investors are also likely to look at whether the company is in compliance with privacy and data security laws. Cybersecurity has become increasingly important for business of all sizes. While identity thieves may focus on the target rich environments of large-scale enterprises,… More
In a recent trip to Ireland, I was surprised to see two subjects that Ireland is known for — GDPR and rugby — coming into conflict. As reported in the Sunday Business Post, World Rugby was lobbying the Irish government to create new data protection laws to address the interaction of anti-doping testing and the laws regarding transfer of data among and between different countries. … More
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
Our experience in advising clients about GDPR and assisting them in the compliance process is that there are often misconceptions about the so-called “right to be forgotten”. The purpose of this post is to address some of these misconceptions.
The GDPR replaced the EU’s 1995 Directive which provided in Article 12(b) that “Member States must guarantee every data subject the right to obtain from the controller: (…),… 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.”
This refrain came to mind yesterday as I sat in the BIO 2018 session about digital health: A Look to the Future: Investors Corner –… More