Brian P. Bartish

Subscribe to all posts by Brian P. Bartish

Brazil Enacts Measure Creating a Data Supervisory Authority; Delays Implementation of the LGPD

By Laura E. Jehl and Brian P. Bartish on Posted in GDPR, International Privacy Law
While the inauguration of a polarizing new president dominated the news of Brazil around the beginning of the new year, outgoing President Michel Temer, before leaving office, issued an executive order that has important ramifications for Brazil’s recently enacted General Data Protection Regulation (Lei Geral de Proteção de Dados or LGPD). Provisional Measure No. 869/2018 … Continue Reading

Controversial Australian Encryption Act Denounced by Privacy and Cryptography Advocates

By Brian P. Bartish on Posted in Enforcement, International Privacy Law
Last week, Australia’s parliament passed a controversial act that will enable law enforcement and intelligence agencies to compel access to encrypted communications. In an explanatory memorandum, the Australian Parliament stated that the new act, the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018, is intended to combat “the challenges posed by ubiquitous encryption.” … Continue Reading

GDPR Spurring Legal Reforms in South America With New Legislation in Brazil

By Brian P. Bartish and Laura E. Jehl on Posted in Breach Notification, GDPR, Privacy Litigation
As organizations continue to grapple with the requirements of the EU General Data Protection Regulation (GDPR) even months after its effective date, one thing is clear: The impact of the regulation extends far beyond an organization’s European operations. The global effects of the GDPR are even more apparent when one surveys new and proposed data … Continue Reading

Ohio Law Offers Safe Harbor to Companies Meeting Cyber Standards

Photo of Craig A. HoffmanBy Brian P. Bartish and Craig A. Hoffman on Posted in Data Breaches, State Legislation
Ohio will soon have a law in place that provides a “legal safe harbor” from tort claims related to a data breach, to entities that have implemented and comply with certain cybersecurity frameworks. It remains to be seen whether any entity will ever be in a position to take advantage of the affirmative defense this … Continue Reading

Privacy Advocates See Victory as Supreme Court Extends Fourth Amendment Protections to Historical Cellphone Location Information

Photo of Jonathan B. NewBy Jonathan B. New and Brian P. Bartish on Posted in Privacy Litigation
On June 22, the Supreme Court issued its highly anticipated decision addressing privacy in the digital age, holding that the government generally must obtain a search warrant supported by probable cause to search a target’s historical cell site location information (CSLI), which can provide a detailed record of an individual’s whereabouts. In siding with the … Continue Reading

Deeper Dive: Minimizing Risk

Photo of M. Scott KollerPhoto of Patrick H. HaggertyBy M. Scott Koller, Brian P. Bartish and Patrick H. Haggerty on Posted in Data Security Incident Response
For organizations of any size, making sense of the constantly evolving cyber risk landscape can seem daunting. With new threats materializing on a constant basis, it can be difficult for organizations to efficiently allocate resources and respond to security incidents. In BakerHostetler’s newly-released 2018 Data Security Incident Response Report, we use our experience from more … Continue Reading

Blockchain ‘Smart Contracts’ – A New Transactional Framework

By Laura E. Jehl and Brian P. Bartish on Posted in Blockchain
While the term “smart contract” has created some confusion, there is a growing buzz around these powerful and flexible software programs. With the support of a host of key players across multiple industry sectors spurring development, smart contracts continue to see an array of new applications. Partner Laura Jehl and Associate Brian Bartish detail some … Continue Reading

Aetna Agrees to Pay $17 Million and Implement Best-Practices Policy to Settle Claims of HIV-related Privacy Violations

By Brian P. Bartish and Laura E. Jehl on Posted in Data Breaches, HIPAA/HITECH, Privacy Class Actions
Last week, Aetna agreed to resolve class action claims of privacy violations related to the disclosure of thousands of members’ HIV status. The agreement will require the insurance giant to pay over $17 million into a settlement fund, the majority of which will be distributed to members of the affected class and to develop and … Continue Reading

Bringing Geolocation Into Focus

By Brian P. Bartish on Posted in Mobile Privacy
With another Thanksgiving and another Black Friday having come and gone the holiday shopping season is in full swing yet again. As brick-and-mortar retail continues to experience a decline in favor of more convenient ecommerce options, retailers are increasingly looking for ways to enhance the in-store experience, with more and more looking to drive revenue … Continue Reading
LexBlog