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|Five Lessons from OCR’s Report to Congress on Breaches and HIPAA Rules Compliance|
Dianne J. Bourque, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 20, 2014Last week, the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured Protected Information (Breach Report); and (ii) the Annual Report to Congress...
|Microsoft and Other Major Technology Companies Push Back Against Warrant to Access Data Held on Foreign Servers|
Lawrence R. Freedman, Ari Z. Moskowitz, Mark E. Schreiber; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 26, 2014A dispute between Microsoft and the U.S. government over a search warrant could have major repercussions for cloud service providers. Historically, European data privacy and protection standards have been stricter generally speaking than those in the U.S. The "Safe Harbor" arrangement...
|FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media|
Loeb Loeb LLP;
July 1, 2014, previously published on June 2014In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the monitoring of third-party online posts. Although the guidances,...
|Major Amendments to Florida Breach Notification Statute: Unique Requirements and Short Deadlines Take Effect July 1|
Theodore P. Augustinos, Karen L. Booth, Mark E. Schreiber, Thomas J. Smedinghoff; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 2014Florida Governor Rick Scott recently signed the Florida Information Protection Act of 2014 (SB 1524, the “Act”) into law, amending Florida’s breach notification statute effective July 1, 2014. The amendments are significant, including the first statutory requirement to provide...
|You Can Stay Anonymous: SCC Recognizes a Privacy Interest in Protecting Anonymity on the Internet|
Roland Hung, Charles S. Morgan; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 22, 2014On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity...
|Employer’s Potential Liability in Class Action for Employee’s Breach of Privacy A Good Reminder For All|
Ryley Mennie; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 25, 2014A recent decision of the Ontario Superior Court of Justice highlights the increasing focus on (and potential liability arising from) customers’ and clients’ privacy rights and the importance for employers to properly monitor the activities of their employees. Additionally, while the...
|The Right to be Forgotten|
Amber Melville-Brown; Withers Bergman LLP/Withers LLP;
June 26, 2014, previously published on June 18, 2014If the results from a Google search on your name are not all they could be, or perhaps more than they should be, it is worth considering a new procedure available to try and rectify the situation, following a recent seismic shift in internet data protection law.
|Florida Raises the Bar on Data Privacy, Security and Breach Notification with Passage of New Law|
McDonald Hopkins LLC;
June 26, 2014, previously published on June 23, 2014On June 20, 2014, the “Florida Information Protection Act of 2014” (FIPA) was signed into law by Florida Governor Rick Scott, after it received unanimous support by the legislature. FIPA will take effect on July 1, 2014 and will replace Florida’s existing data breach notification...
|Canada's New Anti-Spam Legislation: What Does It Mean for U.S. Nonprofits?|
Stuart P. Ingis, Tiffany M. Nichols, Michael A. Signorelli, Jeffrey S. Tenenbaum; Venable LLP;
June 24, 2014, previously published on June 2014Under Canada's new Anti-Spam Law (CASL), as of July 1, 2014, for-profit companies and nonprofit organizations engaged in marketing and fundraising campaigns from within Canada or to recipients in Canada must acquire prior "express consent" from recipients before sending commercial...
|Attorney General's Office Issues "Do Not Track" Disclosure Guidelines|
Richard J. Johnson, Ka-on Li, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
June 11, 2014, previously published on June 2014The California Attorney General's Office recently issued a set of guidelines, titled "Making Your Privacy Practices Public" ("Guidelines"), designed to help companies develop "meaningful" privacy policies that provide transparency, accountability, and choice for online...