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Tag Archives: privacy

Posted in Data Protection & Privacy

California Consumer Privacy Act: The Challenge Ahead – Four Key Considerations for Health and Life Sciences Companies

This is the sixth installment in Hogan Lovells’ series on the California Consumer Privacy Act.

The California Consumer Privacy Act of 2018 (CCPA) adds another set of privacy requirements for health and life sciences companies.  Managing the interaction of these new requirements with existing obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), California’s Confidentiality of Medical Continue Reading

Posted in Cybersecurity Mark BrennanBret Cohen

NTIA Seeks Comment on New, Outcome-Based Privacy Approach

Yesterday, the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) issued a Request for Comments (RFC) on a new consumer privacy approach that is designed to focus on outcomes instead of prescriptive mandates. The RFC presents an important opportunity for organizations to provide legal and policy input to the administration, and comments are due October 26.The RFC notes … Continue Reading
Posted in Data Protection & Privacy Bret Cohen

California Consumer Privacy Act: The Challenge Ahead – A Comparison of 10 Key Aspects of The GDPR and The CCPA

This is the fifth installment in Hogan Lovells’ series on the California Consumer Privacy Act. 

As the most comprehensive privacy law to be enacted in the United States thus far, the California Consumer Privacy Act (CCPA) has inevitably invited comparisons to the European Union’s General Data Protection Regulation (GDPR). At first glance, it is clear that the drafters of the … Continue Reading

Posted in Data Protection & Privacy

California Consumer Privacy Act: The Challenge Ahead – Consumer Litigation and the CCPA: What to Expect

This is the fourth installment in Hogan Lovells’ series on the California Consumer Privacy Act

This post discusses litigation exposure that businesses collecting personal information about California consumers should consider in the wake of the California Legislature’s passage of the California Consumer Privacy Act of 2018 (CCPA).

For several years, the plaintiffs’ bar increasingly has relied on statutes like the … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Mark BrennanW. James Denvil

California Consumer Privacy Act: the Challenge Ahead – Data Mapping and the CCPA

This is the third installment in Hogan Lovells’ series on the California Consumer Privacy Act.

What personal information do you have about California consumers and households?

The California Consumer Privacy Act of 2018 (“CCPA”) provides a series of new compliance obligations and operational challenges for companies doing business in California. A vital first step for any company subject to the Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Harriet Pearson

California Consumer Privacy Act: The Challenge Ahead – Key Terms in the CCPA

This is the second installment in Hogan Lovells’ series on the California Consumer Privacy Act.

Words matter. Nowhere is this truer than in legislation, where word choices—often the product of long debate and imperfect compromise—determine the scope and impact of a law. Legislative history can speak volumes about those word choices, and the unique legislative history of the California Consumer … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Harriet Pearson

California Consumer Privacy Act: The Challenge Ahead – Introduction to Hogan Lovells’Blog Series

Groundbreaking. Watershed. Unprecedented.

We have heard the California Consumer Privacy Act of 2018 (CCPA) called all these things and more since its enactment on June 28, ‌2018. Our experience to date has confirmed the compliance challenge ahead for organizations that engage with the residents of the world’s fifth-largest economy.

We will explore the ramifications for businesses of this seminal legislation … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Massimiliano MasnadaMarco Berliri

GDPR Italian Implementing Decree Has Been Published

On 4 September, the Legislative Decree no. 101 of 10 August 2018 (the “Decree”) for the national implementation of General Data Protection Regulation (EU) 2016/679 (the “GDPR”) has been published in the Official Journal. The approach of the legislator was to maintain the structure of former Legislative Decree 196/2003 (the “Privacy Code”) which, however, has been extensively amended and … Continue Reading

Posted in Data Protection & Privacy

Privacy and Cybersecurity September 2018 Events

Please join us for our September 2018 Privacy and Cybersecurity Events.

September 11
GDPR One Stop Shop
Eduardo Ustaran is participating in DataGuidance’s webinar on “One Stop Shop under the GDPR.”
Location: Webinar

 

September 13
Messaging Forum
Mark Brennan will lead a session at the CTIA Mobile World Congress Americas where he will discuss text messaging privacy and
Continue Reading
Posted in Data Protection & Privacy Eduardo Ustaran

Who Will Get the First Big GDPR Fine and How to Avoid It?

In July, Eduardo Ustaran spoke at Privacy Laws & Business’ International Conference in Cambridge about the sort of activities likely to prompt regulators into exercising their increased fining powers under the EU GDPR. A link to the video of his presentation can be found here and a detailed report of the presentation is available here.… Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Timothy TobinWinston Maxwell

Straight Talks podcast: Data privacy and cybersecurity in the age of rolling smart devices

The U.S. Environmental Protection Agency was created in 1970 to safeguard the environment against pollutants. The tidal wave of environmental regulations that followed impacted every industry in the United States, especially the automotive market. Decades later, organizations have internalized these regulations into their culture.

Today, the European Union’s General Data Protection Regulation (GDPR) is driving a regulatory wave of similar Continue Reading

Posted in Data Protection & Privacy Mark Parsons

Asia Data Protection and Cyber Security Guide 2018

As global focus on data protection and cyber security law and regulation continues to increase, the Asia-Pacific region is increasingly an area of concern for global compliance programs.

Much of the focus internationally has been on preparations for the May, 2018 implementation of the EU GDPR. However, the APAC region is also noteworthy for a number reasons, including China’s ongoing … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation Christine GateauChristelle CoslinPauline Faron

First views from the CJEU on how to build a consumer collective action in the Schrems v Facebook Ireland case: The concept of “consumer” and lack of jurisdiction of the consumer’s home court over assigned claims

The famous case brought by Maximilian Schrems against Facebook Ireland in Austria, aimed to become an international and large data protection class action, led on 25 January 2018 to a ruling from the CJEU on two main points:
  • A consumer’s right to have a claim heard in his or her home court under European law does not extend so as
Continue Reading
Posted in Data Protection & Privacy

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

Aetna will pay almost $17.2 million to settle a federal class action lawsuit stemming from a 2017 mailing that disclosed the HIV status of health plan members. Aetna also agreed last week to pay a $1.15 million fine to the state of New York after the Attorney General Eric Schneiderman’s (NY AG) investigation into Aetna’s alleged violations of federal and … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy

Former FTC Chairwoman Edith Ramirez Joins Hogan Lovells Privacy and Cybersecurity Practice

Hogan Lovells has announced that Edith Ramirez, the former Chairwoman of the US Federal Trade Commission (FTC), has joined the firm as a partner and will play an active role in Hogan Lovells’ Privacy and Cybersecurity practice. She will also co-head the firm’s Antitrust, Competition and Economic Regulation (ACER) practice.

Ramirez will co-lead the global antitrust practice alongside Suyong … Continue Reading

Posted in Data Protection & Privacy, Technology Katherine Gasztonyi

FTC Hosts FinTech Forum on Artificial Intelligence and Blockchain Technologies, Part II

As previously reported, on Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This is the second of two entries on the March 9th FinTech Forum. Today’s post focuses blockchain technologies. Coverage of the opening remarks and the AI discussion may … Continue Reading

Posted in Data Protection & Privacy, Technology Katherine Gasztonyi

FTC Hosts FinTech Forum on Artificial Intelligence and Blockchain Technologies

On Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This was the FTC’s third forum on issues in FinTech. Previous FinTech Forums covered marketplace lending and crowdfunding and peer-to-peer payments.

In opening remarks, the FTC acknowledged the benefits of technological … Continue Reading

Posted in Copyright, Data Protection & Privacy, Policy & Regulation, Technology

Live webinar: On March 17 academic all-stars debate the hottest topics in Tech

In a March 17 live stream webinar, a panel of academic all-stars will discuss the key legal and tech trends for 2017, including regulation of artificial intelligence, the disruptive potential of blockchain, competition law and big data, global privacy and copyright trends, and the future of net neutrality. 

Our panel will also share insights into the tech priorities of Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Julie Brill

Strengthening international ties can support increased convergence of privacy regimes

The internet has become today’s global trade route, and personal data is one of its major currencies. The growth in the digital economy is impressive. One study found that economic activity taking place over the internet is growing at 10% per year within the G-20 group of nations. In the United States alone, one estimate found that companies exported nearly … Continue Reading

Posted in Data Protection & Privacy, Internet Conor Ward

The G-7 Fundamental Elements of Cybersecurity for The Financial Sector

Cyber risk has been high on the agenda of financial services regulators for some time now. In the UK, the FCA specifically addressed its concerns in its 2015/2016 Business Plan and it has an on-going programme of work which includes working with the PRA and Bank of England on visibility of IT resilience and risks at board level, and with … Continue Reading

Posted in Technology

Hogan Lovells’ 5th Annual Winnik Forum – The Internet of Things: The Legal Challenges and Opportunities

What are the legal implications of the Internet of Things (IoT) in the U.S. and around the world?
How do we mitigate the risks to consumer privacy and data security?
How do we meet IoT’s demands on infrastructure?

 

Join us for Hogan Lovells’ 5th Annual Winnik International Telecoms and Internet Forum on 1 November, in Washington, … Continue Reading

Posted in Drones Lisa EllmanJared Bomberg

The Federal Aviation Administration’s De Facto Drone Privacy Standards

On August 29, 2016, the Federal Aviation Administration’s (“FAA”) long-awaited small unmanned aircraft systems (“UAS” or “drone”) rule went into effect, for the first time broadly authorizing commercial drone operations.  This is a positive step, as drones have great safety and efficiency benefits for the public.  Nevertheless, the American public remains concerned about drone privacy issues.

The prevailing thinking among … Continue Reading

Posted in Data Protection & Privacy

OCR Emphasizes Security Obligations of Business Associates with Latest Enforcement

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is taking an aggressive stand on HIPAA enforcement and targeting violations related to security risk assessments and business associate agreements. Three resolution agreements posted in the last month make clear that the agency expects entities subject to HIPAA to take appropriate steps to secure their data, regardless … Continue Reading