Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Tag Archives: Privacy

Vizio Agrees to $2.2M Settlement Regarding Data Collection Practices

Posted in Government Agencies, Information Management, Internet of Things, Privacy, Uncategorized
Last week, the Federal Trade Commission (“FTC”) announced an agreement settling claims against a television manufacturer arising from the alleged unauthorized collection of television viewing data.  The FTC, along with the State of New Jersey, alleged that certain “smart TVs” manufactured and sold by VIZIO, Inc. and its subsidiary VIZIO Inscape Services (collectively, “VIZIO”) failed… Continue Reading

Alabama District Court Relieves Carrier of a Duty to Defend or Indemnify Policyholder Following Data Breach

Posted in Cybersecurity / Data Security, Data Breach, Insurance, Privacy
On October 25, in the case of Camp’s Grocery, Inc. v. State Farm Fire & Casualty Company, the District Court for the Northern District of Alabama granted summary judgment in favor of State Farm Fire and Casualty Company (“State Farm”), concluding that State Farm did not have to defend or indemnify its policyholder, Camp’s Grocery… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of October 15

Posted in Cybersecurity / Data Security
Hospital pays $2.1MM HIPAA settlement; Dynamic IP addresses protected under EU laws; EU guidance on GDPR coming soon; California’s new privacy compliance tool; banking regulators consider cybersecurity; FCC privacy proposal comments; OMB’s new privacy office; DFARS finalizes Safeguarding Rule Hospital pays $2.1M to settle alleged HIPAA violations St. Joseph Health, a California-based health system, reached… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of October 3

Posted in Cybersecurity / Data Security
FCC broadband privacy proposal; Potential challenge to FTC privacy enforcement power FCC to consider broadband privacy proposal On October 6, the Chairman of the Federal Communications Commission (FCC) issued proposed rules that would impose on broadband providers privacy regulations similar to those implemented and enforced by the Federal Trade Commission (FTC).  The proposal calls for… Continue Reading

Privacy & Cybersecurity Weekly News Update

Posted in Cybersecurity / Data Security, Health IT, Privacy
Hamburg DPA orders WhatsApp to stop sharing data with Facebook; GAO: HHS Needs to Improve is Digital Health Protection Rules; Notice and Choice Becoming Par for the Course for Interest-Based-Ads in Apps German Data Protection Authority of Hamburg orders WhatsApp to stop sharing data with Facebook On September 27, 2016, the Hamburg Commissioner for Data… Continue Reading

Privacy & Cybersecurity Weekly News Update

Posted in Cybersecurity / Data Security, Privacy
NHTSA Issues Voluntary Driverless Car Guidelines; European Privacy Supervisor proposes Digital Clearing House for coherent handling of Big Data cases; Facebook and Power Ventures Battle Over the Scope of the CFAA; Arizona Supreme Court: Police Cannot Search Unlocked, Unattended Phone; German consumer group urges Whatsapp to stop sharing data with Facebook; German DPA issues guidelines… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of September 12

Posted in Cybersecurity / Data Security, Privacy
    HHS Jumps on the Cybersecurity Information Sharing Bandwagon; Third Circuit on Economic Loss as a basis for Negligence Claim; FTC workshop on Ransomware; German draft implementing law for GDPR revealed. HHS Jumps on the Cybersecurity Information Sharing Bandwagon Because of recent news reports confirming that cyberattacks against healthcare agencies have increased 125 %… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of August 28

Posted in Cybersecurity / Data Security, Privacy
Bavarian DPA: fines under GDPR to be calculated based on revenues of whole company group; ICO publishes report on data security incident trends. Bavarian DPA: fines under GDPR to be calculated based on revenues of whole company group On September 01, 2016, the German Data Protection Authority of Bavaria (BayLDA) has announced that according to… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of August 21

Posted in Cybersecurity / Data Security, Privacy
ICO investigating into Facebook and WhatsApp Data Sharing Plans; Germany and France publish joint action plan against encryption; PrivacyShield now covering 200 U.S. companies. UK DPA investigating into Facebook and WhatsApp Data Sharing Plans The United Kingdom’s Information Commissioner (‘ICO’) is taking a closer look into WhatsApp’s plan to share more user data with parent… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of August 14

Posted in Privacy
First self-certifications accepted under Privacy Shield; EU Commission considers extension of telecommunication rules to apps. U.S. Department of Commerce accepts first bunch of self-certifications under Privacy Shield About 2 weeks after the announced start of the certification procedure under the “EU-U.S. Privacy Shield” (‘Privacy Shield’) on August 1, 2016, the U.S. Department of Commerce (‘DoC’)… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of July 9

Posted in Admissibility, Cybersecurity / Data Security, Government Agencies, Information Management, Privacy, Rules, Social Media, Transnational Discovery
“Pokémon Go” Developer feels the heat over data collection; 2nd Circuit Ruling limits government’s access to data stored overseas; 9th Circuit CFAA Ruling increases Facebook’s control over its Users’ Data; Dutch Study reveals tension between EU Trade Deals and Data Protection “Pokémon Go” Developer in Hot Water over Extensive Data Collection Practices In early July,… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of July 3

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Health IT, Privacy
Article 31 Committee approves Privacy Shield; House Cuts FCC Funding Over Attempted Broadband Privacy Regulations; No Charges for Clinton in Data Security Probe; European Commission launches public-privacy partnership on cybersecurity; European Parliament adopts NIS Directive; Privacy Code of Conduct for mHealth app providers finalized; French parliament about to make French Privacy act more severe; Russia… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of June 26

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Health IT, Privacy, Social Media
Adoption of Privacy Shield expected in early July; Federal Court limits VPPA liability; Belgian Court overturns Facebook fine; FTC robocall crackdown; A rare HIPAA criminal conviction; UK’s ICO fines Brexit campaigners for mass text messages; House report calls for national encryption commission. European Commission expects adoption of Privacy Shield for beginning of July European officials… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of June 20, 2016

Posted in Cybersecurity / Data Security, Data Breach, Health IT, Internet of Things, Privacy
Brexit effect on EU and UK Privacy rules; EU and U.S. to strengthen ‘Privacy Shield’; Ponemon Study on Healthcare Data Security; Mobile ad provider fined for deceptive conduct FTC comments on the Internet of Things Brexit – what does it mean for EU and UK Privacy rules? On June 23, 2016, the population of Great… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of June 13

Posted in Cybersecurity / Data Security, Data Breach, Privacy
A victory for net neutrality; U.S. may join Irish Facebook Data-Transfer case; EU-U.S. Privacy Shield by early July?; French Data Protection Authority opens GDPR consultation; FTC addresses proposed TCPA changes; DOJ and DHS cybersecurity sharing guidelines. Federal appellate court upholds net neutrality The U.S. Court of Appeals for the D.C. Circuit upheld “net neutrality” rules… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of June 6

Posted in Cybersecurity / Data Security, Data Breach, Privacy
$1M Fine for Morgan Stanley Data Breach; German DPA Issues Data Transfer Fines; FTC Critiques FCC Privacy Proposal; New Contractor Cybersecurity Rules; Drone Operations Best Practices Morgan Stanley fined $1M for alleged failure to secure client data The U.S. Securities and Exchange Commission (“SEC”) and Morgan Stanley Smith Barney LLC (“Morgan Stanley”) reached a settlement… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of May 30, 2016

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Health IT, Privacy
EU-U.S. Agreement on Law Enforcement Data; European Data Protection Supervisor Criticizes Privacy Shield; House Members Criticize FCC Privacy Proposal; NHTSA Targets Automotive Cybersecurity; Yahoo Releases National Security Letters; CareFirst Data Breach Lawsuit Dismissed; FDA Guidance on Data Protection in Investigations EU and U.S. sign Umbrella Agreement on Law Enforcement Data On June 2, 2016, Vera… Continue Reading

Privacy & Cybersecurity Weekly News Update- Week of May 23, 2016

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Privacy
Data Breach Liability Requires Actual Misuse; More U.S.-EU Data Transfer Uncertainty; Airline App Exempt from State Privacy Law; Pending Cyber Bill Would Create Consortium; Encryption-Related Deceptive Advertising Settlement; PayPal Fined for Deceptive Trade Practices The Spokeo effect: data breach claims require actual examples of information misuse Last week, a federal court dismissed claims alleging harm… Continue Reading

Privacy & Cybersecurity News Update- 3 Week Summary

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Internet of Things, Privacy
The Panama Papers Leak – An overview on histories’ biggest data leak; Article 29 Working Party about to release opinion on EU-U.S. Privacy Shield; EU: GDPR and PCJ DPD about to be approved next week – final consolidated text published by Council; US: New HIPAA Audit Protocol Released as a Guidance Tool for phase two… Continue Reading

Fourth Circuit Affirms Carrier’s Duty to Defend Against Security Breach Claims Under Traditional Insurance Policy

Posted in Cybersecurity / Data Security, Data Breach, Insurance, Privacy
Following an April 11 ruling by the Fourth Circuit in Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, Travelers must defend its policyholder, Portal Healthcare, in a class action lawsuit concerning a security breach.  For years, courts have wrestled with whether traditional commercial general liability (CGL) policies provide coverage in event of a… Continue Reading

FTC’s New Chief Technologist Speaks at Crowell & Moring

Posted in Cybersecurity / Data Security, Government Agencies, Information Management, Privacy
Yesterday, Crowell & Moring hosted an International Association of Privacy Professionals (IAPP) KnowledgeNet featuring the Federal Trade Commission’s (FTC) new Chief Technologist, Lorrie Cranor. In her short time at the FTC, Cranor has already made waves by encouraging companies to rethink mandatory password changes.  At the event, Cranor spoke about the focus of her work,… Continue Reading

EU DPAs Say Privacy Shield an Improvement but Needs Some Work

Posted in Government Agencies, Privacy
Uncertainty surrounding the U.S.-EU Safe Harbor (Safe Harbor) replacement, the EU-U.S. Privacy Shield (Privacy Shield), will remain for now. On April 13, 2016 the European Union (EU) Article 29 Working Party (WP29) comprised of all 28 EU member state data protection authorities (DPAs) announced its official but non-binding opinion on the European Commission’s (EC) draft… Continue Reading

FTC’s New Online Quiz: Which Federal Laws Apply to Your App?

Posted in Government Agencies, Government Regulations & FISMA, Health IT, Privacy
On Tuesday, the FTC simultaneously released a “Mobile Health App Interactive Tool” and “Best Practices,” to help mobile health app developers navigate the maze of federal regulation, including data privacy regulation.  The tool walks developers through a series of high level questions about the nature of their app, and uses the answers to those questions… Continue Reading