On June 19, 2017, the Federal Trade Commission (FTC) issued a public comment regarding the National Telecommunications & Information Administration’s (NTIA) draft guidance titled Communicating IoT Device Security Update Capability to Improve Transparency for Customers.  In commenting on the guidance, the FTC acknowledged the benefits of and challenges to IoT device security, and encouraged

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 are hoping to finally formalize the “EU-U.S. Privacy Shield”, the cross-Atlantic data transfer pact aiming at replacing the formerly invalidated “U.S.-EU Safe Harbor” Framework, on July 5. The initial draft agreement has been amended to include new explanations of U.S. governmental entities and further limitations on the bulk collection of data and mass surveillance. The European Commission is now confident that also the Article 31 Committee will give its approval to the draft framework.

Many European Privacy regulators and EU bodies, such as the European Parliament and the European Data Protection Supervisor, had argued that the initial draft did not sufficiently protect the fundamental rights of European data subjects. The revised version now “only” allows bulk collection “exceptionally”, where targeted collection is “not feasible”, although it remains open how ‘feasibility’ should be determined.


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OCR Announces a Settlement … Again; HHS Eases Restrictions on Mental Health Information Sharing to Facilitate Gun Control Efforts; Facebook: Users Lack Standing in Cookie MDL; Plaintiffs Argue for Summary Judgment in $5 Million Twitter TCPA Suit

OCR Announces a Settlement … Again

For the second time this week, OCR announced another huge settlement. The

In conjunction with the 2015 American Bar Association annual State of Criminal Justice publication, Louisa Marion and I have published a new chapter on “Digital Privacy and E-Discovery in Government Investigations and Criminal Litigation.” The article provides an in-depth look at many of the current and cutting edge issues raised by digital privacy