Tag Archives: data privacy

Pennsylvania’s Data Breach Notification Law Is Changing: What Does It Mean for Entities Doing Business in the Keystone State?

Photo of Sara GoldsteinBy Sara Goldstein on Posted in Data Breach Notification Laws, Data Breaches
2023 is going to bring big changes to Pennsylvania’s Breach of Personal Information Notification Act. Although the revisions to the law do not go into effect until May 2, 2023, now is the time for Pennsylvania entities to ensure that they are in compliance before the effective date.… Continue Reading

OCR releases YouTube Video Addressing “Recognized Security Practices” in HIPAA Enforcement Context

Photo of Kimberly GordyPhoto of Adam CohenPhoto of Craig RobinsonBy Kimberly Gordy, Adam Cohen and Craig Robinson on Posted in HIPAA/HITECH, Marketing
As a Halloween treat for HIPAA-covered entities and business associates, on October 31, the Department of Health and Human Services Office for Civil Rights (OCR) released a new video on its YouTube channel, in which senior OCR cybersecurity advisor Nick Heesters addresses recognized security practices, or RSPs. In this video, Heesters answers a handful of questions … Continue Reading

2022 DSIR Report Deeper Dive: OCR’s Right of Access Initiative

Photo of Courtney LitchfieldBy Courtney Litchfield on Posted in Data Breaches
In 2019, the U.S. Department of Health & Human Services, Office for Civil Rights (OCR) announced its Right of Access Initiative, promising to prioritize patients’ rights to receive timely copies of their medical records without being overcharged. In the three years since, which saw the transition to a new administration in Washington, OCR has publicized … Continue Reading

Modeling the Privacy Catwalk: Practical Steps Forward

Photo of Carolina AlonsoPhoto of Nikki EdmundsBy Carolina Alonso and Nikki Edmunds on Posted in Data Privacy
What’s Trending? (Privacy a la Mode) Notable fashion brands have been engaging in a “trial period” of new technologies as privacy laws and privacy enforcement are trending – for example, exploring integrating branding into digital assets in video games, virtual reality (VR) and augmented reality (AR) technology, metaverses, and non-fungible tokens (NFTs). Fashion naturally pushes … Continue Reading

The FTC’s Latest Staff Report on Dark Patterns: A Warning for Marketing Teams and UX Designers

Photo of Andreas KaltsounisBy Andreas Kaltsounis on Posted in FTC
The Federal Trade Commission issued a detailed [staff report] on September 15 addressing Dark Patterns (or what some more descriptively call “manipulative design,” but Dark Patterns seems to be sticking). Regulators are focusing increased attention on these manipulative designs and it’s critical for marketing, user experience and design teams to understand this topic.… Continue Reading

What’s Old Is New Again: OCR Announces $300,000 Settlement Related to Improper Disposal of Physical PHI

Photo of Aleksandra VoldBy Aleksandra Vold on Posted in Healthcare
After a long stretch of breach enforcement actions and settlements arising out of alleged technology gaps, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) announced that it settled a case that involved improper disposal of physical protected health information (PHI). This case unusual for its quick resolution, but that is … Continue Reading

California’s Landmark Age-Appropriate Design Code Act: What You Need to Know

Photo of Jeewon SerratoPhoto of Jennifer MitchellPhoto of Justin T. YedorPhoto of Christine MastromonacoBy Jeewon Serrato, Jennifer Mitchell, Justin T. Yedor and Christine Mastromonaco on Posted in CCPA, Children’s Privacy
On Aug. 29, California’s Senate unanimously passed Assembly Bill 2273, known as the Age-Appropriate Design Code Act (the CA AADC or the Bill). The Bill, which is anticipated to be signed into law by Gov. Gavin Newsom, is aimed at promoting online safety and privacy for children under 18. The Bill was inspired by the … Continue Reading

CCPA Employee and B2B Exemptions Set to Expire on Jan. 1, 2023

Photo of Jeewon SerratoPhoto of Jerel Pacis AgatepPhoto of Shruti Bhutani AroraBy Jeewon Serrato, Jerel Pacis Agatep and Shruti Bhutani Arora on Posted in CCPA
The California Consumer Privacy Act (CCPA) exemptions for employee and business-to-business Personal Information (PI) likely will not be extended. Aug. 31, 2022 was the last day for each house to pass bills, per the California Constitution (Art. IV, Sec 10(c) and the Joint Rules (J.R. 61(b)(18))), and no legislative proposals or amended bills made it … Continue Reading

2022 DSIR Report Deeper Dive: The Expanding Landscape of State Data Privacy Law

Photo of Elise ElamPhoto of David PotterPhoto of Vaughn StupartBy Elise Elam, David Potter and Vaughn Stupart on Posted in Data Protection, Data Security
BakerHostetler’s Data Security Incident Response Report is a one-of-a-kind resource that leverages aggregated data from security incidents. Our Digital Risk Advisory and Cybersecurity team has shared insights from attorneys across the firm’s Digital Assets and Data Management Practice Group who work with clients on complex privacy and data protection matters. This article takes a closer … Continue Reading

Recent FTC Post Commits to Protecting Sensitive Health Data After White House Issues Related Executive Order

Photo of Aleksandra VoldPhoto of Daniel KaufmanBy Aleksandra Vold and Daniel Kaufman on Posted in FTC
On July 8, 2022, following the Supreme Court’s decision in Dobbs, the president signed an executive order that called on a number of federal agencies to take steps to protect reproductive rights. He specifically asked the Federal Trade Commission (FTC) to “consider taking steps to protect consumers’ privacy when seeking information about and provision of … Continue Reading

CPPA Publishes Notice of Proposed Rulemaking

Photo of Jeewon SerratoPhoto of Shruti Bhutani AroraPhoto of Christine MastromonacoBy Jeewon Serrato, Shruti Bhutani Arora and Christine Mastromonaco on Posted in CPRA
On July 8, the California Privacy Protection Agency Board (CPPA, Agency or Board) announced the Notice of Proposed Rulemaking (NPRM), which begins the 45-day comment period for the draft regulations. As we previously reported, the California Privacy Rights Act (CPRA) draft regulations were released on May 27, and we had a heads-up about this rulemaking … Continue Reading

Office for Civil Rights Provides Guidance: HIPAA Privacy Rule on Disclosures of Information Relating to Reproductive Healthcare

Photo of Aleksandra VoldBy Aleksandra Vold on Posted in Data Privacy, Healthcare, HIPAA/HITECH
On June 29, in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) issued guidance on when entities covered by the Health Insurance Portability and Accountability Act (HIPAA) are permitted to share protected health information (PHI) … Continue Reading

Dobbs Triggers Significant Healthcare and Privacy Law Concerns and Confusion

Photo of Aleksandra VoldPhoto of Amy FoutsBy Aleksandra Vold and Amy Fouts on Posted in Data Privacy, Healthcare, HIPAA/HITECH
To help guide entities through the significant confusion and changes that will be evolving for the next several years, BakerHostetler has assembled the Dobbs Decision Task Force (DDTF), led by attorneys in five major areas (healthcare/health tech, privacy, labor and employment, employee benefits, and white collar). Like many others, healthcare entities are facing immediate uncertainty … Continue Reading

DSIR Deeper Dive: Class Certification Jurisprudence

Photo of Melissa BilanciniBy Melissa Bilancini on Posted in Data Breaches
Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense. However, as we discussed in our 2022 Data Security Incident Response Report, the recent ruling in In re Brinker Data Incident Litigation (“Brinker”)granting class certification has … Continue Reading

If it’s broke, just fix it…: Curing Alleged CCPA Violations

Photo of Colby EverettPhoto of Robyn M. FeldsteinPhoto of Casie CollignonBy Colby Everett, Robyn M. Feldstein and Casie Collignon on Posted in CCPA
Courts across the United States continue to grapple with California’s landmark consumer privacy law, the California Consumer Privacy Act (CCPA). While the contours of this law are being litigated on multiple fronts, one important, but not most discussed provision, is Section 1798.150(a)(1), the right to cure. The CCPA, like other, similar California privacy laws, includes … Continue Reading

CPPA Begins CPRA Rulemaking

Photo of Jennifer MitchellPhoto of Jeewon SerratoPhoto of Justin T. YedorPhoto of Jenny HaBy Jennifer Mitchell, Jeewon Serrato, Justin T. Yedor and Jenny Ha on Posted in CCPA, CPRA
On May 26, 2022, the California Privacy Protection Agency (CPPA or the Agency) held a public board meeting to provide updates on the Agency’s rulemaking process. The next day, the CPPA released draft regulations for the California Privacy Rights Act (CPRA). This post includes initial impressions of the proposed regulations and how they square with … Continue Reading

North Carolina is the First State to Prohibit Public Entities from Paying Ransoms: What Does This Mean for North Carolina Public Schools and Universities?

Photo of Elise ElamPhoto of Benjamin WangerBy Elise Elam and Benjamin Wanger on Posted in Data Counsel
On April 5th, North Carolina became the first state to prohibit state agencies and local governments from paying ransoms after becoming victims of a ransomware attack. Indeed, in addition to prohibiting said entities from paying ransoms, North Carolina’s new law actually goes so far as to prohibit a public entity from even communicating with threat … Continue Reading

2022 DSIR Deeper Dive: Increased Regulatory Scrutiny of Cybersecurity Incidents

Photo of Teresa Goody GuillénPhoto of Andreas KaltsounisBy Teresa Goody Guillén and Andreas Kaltsounis on Posted in Data Security Incident Response
Our 2022 Data Security Incident Response Report discussed the increased regulatory scrutiny of cybersecurity incidents and defenses following a year of high-profile and damaging cyberattacks, including the Russia-based SolarWinds espionage campaign and the Colonial Pipeline ransomware attack. This article summarizes several U.S. government actions aiming to improve the nation’s cybersecurity and the government’s ability to … Continue Reading

It’s Elementary: Measures that Educational Institutions Should Take to Prepare for Ransomware Attacks: Part 3

Photo of Benjamin WangerPhoto of Allison ClarkBy Benjamin Wanger and Allison Clark on Posted in Ransomware
PART 1 PART 2 PART 3 In the event of a ransomware attack, there are a host of legal frameworks that could potentially be implicated.  Whether those laws apply often depends on the nature of the data that the threat actor accessed and/or acquired.  In this installment, we address the laws that could be implicated … Continue Reading

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

Photo of Fernando A. Bohorquez, Jr.Photo of Gerald J. FergusonPhoto of Yadilsa DiazPhoto of Priyanka SurapaneniBy Fernando A. Bohorquez, Jr., Gerald J. Ferguson, Yadilsa Diaz and Priyanka Surapaneni on Posted in Cookies
Part I: What Are Third-Party Cookies and Why They Are Important Part II: Privacy Laws and Third-Party Cookies Part III: The Big Tech Phase-Out of the Third-Party Cookie and the Emerging Industry Landscape – Browsers and Mobile Part IV: The Big Tech Phase-Out of the Third-Party Cookie and the Emerging Industry Landscape – First-Party Data … Continue Reading

Part 2 of BakerHostetler’s Countdown to CPRA – Top 5 FAQs to Evaluate Compliance Strategy for Employees

Photo of Jennifer MitchellBy Jennifer Mitchell on Posted in CPRA
In Part 1 of BakerHostetler’s Countdown to CPRA blog series, we provided initial guidance to businesses on key California Privacy Rights Act (CPRA) compliance readiness considerations. On January 1, 2023, California could become the first U.S. state to enact a comprehensive data privacy law covering employment-related data (“B2E”), whereas the California Consumer Privacy Act (CCPA) … Continue Reading
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