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|FDA Voices Privacy Concerns and Promotes Medical Device Cybersecurity with New Guidance, Collaborative Information-Sharing|
Laurie A. Clarke, Alexis Slagle Gilroy, Colleen Heisey, Kevin D. Lyles, Mauricio F. Paez; Jones Day;
December 16, 2014, previously published on November 2014Cybersecurity of medical devices poses unique challenges for industry and regulators, because of potential risks in device malfunction, disruption of medical care, and compromised patient data, as well as the challenge of balancing countervailing needs, such as patient safety and ensuring that...
|CFPB Permits Online Posting of Annual Privacy Notices|
Michael R. Butowsky, Lisa M. Ledbetter, Todd S. McClelland, Stephen J. Obie, Mauricio F. Paez; Jones Day;
December 16, 2014, previously published on November 2014The Consumer Financial Protection Bureau ("CFPB") recently adopted a final rule that under certain conditions provides financial institutions it regulates with the option of posting annual consumer privacy notices online rather than mailing paper copies to customers (the "Privacy...
|Singapore's Data Protection Law|
Elaine Ho, Sushma Jobanputra, Anita Leung, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on October 2014Vast amounts of personal data are collected from or about individuals every day, and then used and transferred by organizations. In response to this growing trend and concerns regarding how such personal data is used, Singapore recently introduced the Personal Data Protection Act (Act 26 of 2012)...
|TCPA Reform Heats Up: Opt Out Required for Solicited Faxes, and a Court Decision Pulls Back on Autodialers|
William F. Dolan, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on November 2014As previewed this summer, topics related to the Telephone Consumer Protection Act ("TCPA") appear to be ripe for reform at the Federal Communications Commission ("FCC") and beyond. Two recent decisions, one by the FCC and another by a U.S. District Court in the Southern District...
|FCC Issues Massive $10 Million Fine in its First-Ever Data Security Enforcement Action|
Michael F. Dolan, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on October 2014The Federal Communications Commission ("FCC") voted on October 24, 2014 to pursue fines of $10 million against two companies for alleged violations of laws protecting the privacy of telephone customers' personal information. This is the second major enforcement action the FCC has taken to...
|California Attorney General Calls for Greater Data Protection, and Recommends Adoption of Chip and Pin Payment Card Technology|
Michael G. Morgan, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman, Olivia C. White; Jones Day;
November 12, 2014, previously published on October 2014Data breaches are on the rise-and so is government enforcement action and data breach litigation. Retailers are not the only ones at risk; data breaches are affecting a growing number of industries. In addition to recent privacy enforcement actions from the Federal Trade Commission and now the...
|Shellshock, the Perfect 10 Exploit: Easy to Use, Devastating Impact|
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez; Jones Day;
October 7, 2014, previously published on September 2014A new bug, dubbed "Shellshock," which affects software used in computer systems worldwide, came to light last week. According to the U.S. Department of Homeland Security's United States Computer Emergency Readiness Team ("US-CERT"), "[t]his vulnerability is classified by...
|Backoff Point-of-Sale Malware: Here We Go Again|
Richard J. Johnson, Mauricio F. Paez; Jones Day;
August 5, 2014, previously published on August 2014The Secret Service, the National Cybersecurity and Communications Integration Center, and others announced yesterday in a US-CERT Alert (available at www.us-cert.gov/ncas/alerts/TA14-212A) that recent investigations have revealed the use by malicious actors of malware—dubbed Backoff...
|Federal Communications Commission Requests Comments on Effectiveness of Cybersecurity Recommendations|
Richard J. Johnson, Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
August 1, 2014, previously published on July 2014The Federal Communications Commission ("FCC") is seeking industry and public comment on whether it should take further steps to ensure that the U.S. communications industry is sufficiently prepared for cybersecurity threats.
|Russia Adopts Restrictive Changes to its Data Privacy Law Data Location Requirement Will Adversely Affect Data Flows|
Veronica Fridman, Anita Leung, Mauricio F. Paez, Sergei Volfson, Undine von Diemar; Jones Day;
July 22, 2014, previously published on July 2014During the first week of July 2014, the State Duma (lower chamber of the Russian Parliament) adopted a set of amendments to the Federal Law "On Information, Information Technologies, and Information Protection" ("Information Law") and to the Federal Law "On Personal...