Archives: Privacy

OCR Provides Guidance on the Privacy of Data Stored on Health Apps and Mobile Devices

By Robyn M. Feldstein and Courtney Litchfield on July 15, 2022 Posted in HIPAA/HITECH, Privacy

In the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many individuals and organizations have expressed uncertainty about the protection afforded to data stored on health apps, including cycle trackers.[1] As a result, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) has issued guidance … Continue Reading

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Two

By Gerald J. Ferguson, Fernando A. Bohorquez, Jr. and Yadilsa Diaz on January 12, 2022 Posted in Cookies, Data Privacy, GDPR, Privacy

Part I: What Are Third-Party Cookies and Why they are Important — PART II — Privacy Laws And Third-Party Cookies Welcome to our second installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into cookies for a baseline understanding of the technology and why … Continue Reading

Why Everyone Is Talking About a Rarely Invoked Rule – the FTC’s Health Breach Notification Rule

By Daniel Kaufman on December 27, 2021 Posted in Advertising, Enforcement, FTC, HHS, HIPAA/HITECH, Privacy

Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was released and have since joined BakerHostetler. Around the time I joined BakerHostetler, my new colleague Melissa Hewitt published an … Continue Reading

US Facial Recognition Firm Ordered to Stop Processing UK and Australian Data and Pay Fine Over Privacy Law Violations

By Jeewon Serrato and Shea M. Leitch on December 15, 2021 Posted in AI, Biometrics, Data Privacy, GDPR, Privacy, Privacy Litigation

ICO and OAIC Find ‘Serious Breaches’ of Privacy Law On Nov. 29, 2021, the U.K. Information Commissioner’s Office (ICO) announced a provisional intent to fine Clearview AI over £17 million, alleging several privacy violations related to the company’s use of “scraped” data and biometrics of individuals. More significantly, the provisional order would require the company … Continue Reading

8 Key Takeaways for Initial Defenses Under the CCPA and CPRA

By Marshall J. Mattera, Jeewon Serrato, Casie Collignon and Stanton Burke on October 7, 2021 Posted in CCPA, CPRA, Data Breach Notification Laws, Data Breaches, Privacy

Authors: Marshall Mattera, Jeewon Serrato, Casie Collignon and Stanton Burke Since the Jan. 1, 2020 kickoff for private enforcement under the California Consumer Privacy Act (CCPA), plaintiffs have filed scores of class actions invoking the CCPA. Such claims, when properly made, present substantial risk to companies including statutory damages up to $750 per consumer. Early … Continue Reading

David A. Carney Recognized as Cybersecurity & Privacy MVP by Law360

By Theodore J. Kobus III on September 16, 2021 Posted in Cybersecurity, Privacy

I’m delighted today to focus on a key player in BakerHostetler’s Digital Assets and Data Management group. David Carney is an exceptional lawyer who is on the cutting edge of privacy litigation in the United States. His work on a series of high-profile matters over the past six years has established important parameters regarding plaintiff … Continue Reading

Ohio Proposes Comprehensive Privacy Legislation

By Damon C. Barhorst and William Berglund on September 7, 2021 Posted in Consumer Data, Data Protection, Enforcement, Privacy, State Legislation

Ohio recently became the latest state to consider enacting comprehensive privacy legislation. On July 13, 2021, the Ohio Personal Privacy Act (House Bill 376) was introduced into the Ohio House of Representatives with the backing of Ohio Governor Mike DeWine and Lt. Governor Jon Husted. If passed, OPPA would establish consumer data rights for natural … Continue Reading

Nevada Gov. Sisolak Signs Senate Bill (SB) 260 Expanding the State’s Internet Privacy Law

By Jerel Pacis Agatep on July 8, 2021 Posted in Privacy

On June 2, 2021, Nevada Gov. Stephen F. Sisolak signed SB 260 approving amendments to the Nevada Privacy of Information Collected on the Internet from Consumers Act. Some key changes to the amended law include expanding the definition of “sale,” extending the current obligations of operators to “data brokers,” limiting the cure period and adding … Continue Reading

Congratulations to Sara Goldstein, a 2021 Professional Excellence Award Winner!

By Theodore J. Kobus III on May 4, 2021 Posted in Privacy

Sara was recognized as part of the 2021 class of Professional Excellence Award winners by The Legal Intelligencer. The honorees were chosen based on a variety of factors, including service to the bar, peer recognition, distinctions and accomplishments, thought leadership, and other legal work of note. Read more.… Continue Reading

Private Right of Action May Again Poison Washington Privacy Act

By Andreas Kaltsounis on March 30, 2021 Posted in Privacy

On March 26, with less than a month left in the Washington Legislature’s 2021 session, the House Civil Rights and Judiciary Committee (CRJC) passed the Washington privacy act (2SSB 5062), with amendments, on a straight party-line vote of 11-6 (with all six Republican committee members voting no). As the act gets closer to passing, we’ll … Continue Reading

Happy First Birthday to the NIST Privacy Framework!

By Jeewon Serrato on January 21, 2021 Posted in Privacy

BakerHostetler partner Jeewon Serrato has contributed a NIST Privacy Framework’s CCPA Crosswalk and is featured in an animated video by the NIST which shows how the NIST Privacy Framework can be used by organizations to build trust with their customers, communicate better about privacy, and help meet their compliance obligations. Jeewon is also featured in NIST’s … Continue Reading

New York Legislature Introduces CCPA Clone with Private Right of Action

By Kyle R. Fath and Melinda L. McLellan on January 8, 2021 Posted in Privacy

The 2021-22 New York State legislative session started off with a bang, featuring nearly a dozen consumer privacy bills introduced in the House and Senate on the opening day. A number of the proposals, including the New York Privacy Act and the Right to Know Act, are carbon copies of bills that were introduced in … Continue Reading

Privacy and Product Counseling: 2020 in Review

By Kyle R. Fath, Gerald J. Ferguson and Nichole Sterling on December 17, 2020 Posted in Privacy

Summary Advising our clients on compliance with laws and regulations is, hands down, the most important aspect of our role as attorneys. In addition to seeking counsel on their obligations under laws and regulations, however – motivated by industry trends, utilization of and dependence on third-party services and platforms, and, this year, the COVID-19 pandemic … Continue Reading

Apple to Require New Privacy Disclosures for Apps as of December 8, 2020

By Kyle R. Fath and Patrick Waldrop on November 30, 2020 Posted in Privacy

During its annual Worldwide Developers Conference this summer, Apple announced a handful of new consumer-oriented privacy features coming to its software and devices. One feature will require app publishers to disclose information regarding their apps’ data collection and use practices in what some are referring to as a privacy “nutrition label.” Another significant privacy feature … Continue Reading

Ann O’Brien, Jeewon Serrato, Alyse Stach Author Article Examining Privacy and Antitrust Issues

By Ann O'Brien, Jeewon Serrato and Alyse Stach on June 29, 2020 Posted in Privacy

Partners Ann O’Brien and Jeewon Serrato and Associate Alyse Stach authored an article published by the International Association of Privacy Professionals (IAPP) on June 23, 2020. The article, “The Thin Line Between Privacy and Antitrust,” discusses how the lines between antitrust and privacy objectives and enforcement are becoming increasingly blurred. The authors describe real-world scenarios … Continue Reading