Tag Archives: privacy

FTC Issues Statement Warning Health Apps to Notify Consumers About Data Breaches

Photo of Melissa HewittBy Melissa Hewitt on Posted in Data Breaches, Enforcement, FTC, HIPAA/HITECH
The U.S. Federal Trade Commission (FTC) issued a policy statement on Sept. 15, 2021, warning that the decade-old Health Breach Notification Rule (the rule) – which applies to companies that handle personal health records or collect health data –  to notify consumers, the FTC and, in some cases, the media about data breaches. “In practical … Continue Reading

International Data Protection Update – Summer 2021

Photo of Nichole SterlingPhoto of Melinda L. McLellanPhoto of Andreas KaltsounisBy Nichole Sterling, Melinda L. McLellan and Andreas Kaltsounis on Posted in Data Protection, Enforcement, EU, GDPR, International Privacy Law
This update highlights some of the international data protection issues that caught our attention, and the attention of our clients, over the summer. Asia-Pacific China’s Data Security Law and Personal Information Protection Law – This summer, the People’s Republic of China passed two new data protection laws. The Data Security Law (DSL) passed in June … Continue Reading

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

Photo of Theodore J. Kobus IIIBy Theodore J. Kobus III on 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

Photo of Damon C. BarhorstPhoto of William BerglundBy Damon C. Barhorst and William Berglund on 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

Colorado’s Privacy Act: A Curve Ball on Consent and Targeted Ads

Photo of Andreas KaltsounisPhoto of Stanton BurkePhoto of BakerHostetlerBy Andreas Kaltsounis, Stanton Burke and BakerHostetler on Posted in Advertising
On July 7, 2021, Gov. Jared Polis signed the Colorado Privacy Act (CoPA) into law, making Colorado the third state to enact a comprehensive privacy law, joining California and Virginia. The Act goes into effect on July 1, 2023, and shares many of the rights and obligations provided in other comprehensive privacy laws such as … Continue Reading

Privacy and Product Counseling: 2020 in Review

Photo of Gerald J. FergusonPhoto of Nichole SterlingBy Kyle R. Fath, Gerald J. Ferguson and Nichole Sterling on 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

Photo of BakerHostetlerBy Kyle R. Fath and BakerHostetler on 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

CISA Updates Advisory on Large-Scale Impending and Credible Ransomware Threat to Healthcare to Include Additional IOCs

Photo of Aleksandra VoldPhoto of Sara GoldsteinBy Aleksandra Vold and Sara Goldstein on Posted in Healthcare, HHS
On Oct. 28, a joint cybersecurity advisory was published by the Cybersecurity and Infrastructure Security Agency (CISA), the FBI and the Department of Health & Human Services. The advisory warned of an imminent cybercrime threat to U.S. hospitals and healthcare providers – specifically that a large-scale ransomware attack may be on the very near horizon. BakerHostetler’s coverage … Continue Reading

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

Photo of Ann O'BrienPhoto of Jeewon SerratoPhoto of Alyse StachBy Ann O'Brien, Jeewon Serrato and Alyse Stach on 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

States Propose to Expand Child Privacy and Ad Laws

By Alan L. Friel on Posted in Children’s Privacy
It is the 25th anniversary of the federal Children’s Online Privacy Protection Act (COPPA), which has served us well, but states are looking to expand privacy protection for minors. Several years ago California expanded its Online Privacy Protection Act to give minors the right to remove content they have posted on social media and certain other … Continue Reading

CCPA Expansion Proposed

Photo of Taylor A. BloomBy Alan L. Friel and Taylor A. Bloom on Posted in CCPA
On Monday, Feb. 25, California Attorney General Xavier Becerra, together with Sen. Hannah-Beth Jackson (D), announced Senate Bill 561 to amend the California Consumer Privacy Act (CCPA). Most significantly, SB 561 would effectively eliminate the AG’s responsibility to provide guidance to businesses on how to comply with the CCPA while simultaneously expanding the right of … Continue Reading

The Use of Smart Speakers in Healthcare

By Paulette Thomas on Posted in HIPAA/HITECH
Smart speakers are voice-activated, internet-connected devices with an integrated virtual assistant that can answer questions, follow instructions and control other smart devices. Nearly one in five U.S. adults has access to a smart speaker, and it has been estimated that in 2018, the number of smart speakers installed reached 100 million worldwide. Using voice recognition, … Continue Reading

“No Deal” Brexit May Bring Practical Problems for Privacy and Data Protection

By Laura E. Jehl, Kyle R. Fath and Jaime B. Petenko on Posted in EU-U.S. Privacy Shield Framework, International Privacy Law
With a “No Deal” Brexit seeming more likely than ever after the UK Parliament voted down a proposed deal in January 2019, concerns are rapidly multiplying about the effects of such a withdrawal from the EU for organizations doing business in the UK, and how those organizations will address numerous practical issues, privacy and data … Continue Reading

Public Forums on the California Consumer Privacy Act Continue in Los Angeles – Rulemaking to Follow

By Alan L. Friel and Niloufar Massachi on Posted in CCPA
The public forums on the California Consumer Privacy Act (CCPA), held by the California Attorney General (AG) and the Department of Justice, continued on Friday, Jan. 25, in Los Angeles, California. At the forum, speakers had a brief opportunity to provide their comments on the CCPA. Prior to opening up the floor to members of … Continue Reading

Advocate General Opinion Supports Limiting the “Right to be Forgotten” to the EU

Photo of Nichole SterlingBy Laura E. Jehl, Emily R. Fedeles and Nichole Sterling on Posted in GDPR, International Privacy Law
On January 10, Advocate General Maciej Szpunar released an opinion recommending that Google and other search engines should not be forced to apply the EU’s “right to be forgotten” beyond the EU.  The advocates general assist the judges of the Court of Justice of the European Union (CJEU), providing independent legal solutions to issues presented … Continue Reading

New FTC Provides Insights Into Its Plan for a Balanced Approach to Data Privacy and Security

Photo of Carolina AlonsoBy Alan L. Friel, John Busch and Carolina Alonso on Posted in Federal Legislation, GDPR, Online Privacy
This year brought unprecedented focus on consumer privacy – the rollout of the European Union General Data Protection Regulation (GDPR), the Cambridge Analytica controversy and Congressional hearings, a GDPR-light law coming out of California, more and bigger security incidents, and multiple proposals for an omnibus federal data protection law. The Federal Trade Commission (FTC or … 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

Connecting the Dots Between Security Practices and Legal Obligations: California’s Connected Devices Bill

Photo of Carolina AlonsoBy Carolina Alonso and Alan L. Friel on Posted in Internet of Things
Turning on the lights, hearing the weather forecast, learning fun facts, and playing your favorite song in the kitchen are simple when one can give short voice commands to a personal assistant device that is connected to the internet and to other devices in your home. Connected devices are increasingly being used in the home, … Continue Reading

FTC Takes Action Against Individual Social Media Influencers

Photo of Stephanie LucasBy Stephanie Lucas on Posted in Social Media
Advertisers’ and brands’ use of social media influencers has continued to grow in importance as brands seek to reach new consumers while marketing to a widespread demographic. Traditionally, influencers are known as people who leverage their social media presence to endorse or promote a brand or product for some form of compensation. As influencers have … Continue Reading

Uber Settles With FTC Over Allegedly Deceptive Privacy And Data Security Practices

By Laura E. Jehl on Posted in Cybersecurity, Enforcement
Uber, the ride-hailing giant, agreed this week to implement a comprehensive privacy program and to undergo 20 years of privacy and data security audits in order to settle allegations by the Federal Trade Commission (FTC) that Uber did not keep its promises to protect customer data. The FTC had alleged two separate failures by Uber: … Continue Reading

Babies and Baby-making, or Not… Privacy and Security Lessons for the Internet of Things

By Alan L. Friel on Posted in Internet of Things
What do babies, sex toys and wireless head phones have in common? Apparently, the privacy concerns of the Federal Trade Commission (FTC), state AGs and legislatures, class action plaintiffs, and consumer advocacy groups, at least when it comes to the Internet of Things (IoT). The IoT refers to consumer devices that are connected, directly or … Continue Reading

Mobile Ad Co Settles with FTC Over Allegations of Deceptive Geolocation Tracking And Children’s Privacy Violations for $4 Million

By Alan L. Friel and Suchismita Pahi on Posted in Children’s Privacy
On June 22, 2016, mobile advertising company InMobi Private Ltd. settled Federal Trade Commission (“FTC” or “Commission”) claims of violations of Section 5 of the FTC Act, and the Children’s Online Privacy Protection Act and Rule (COPPA), for $4 million.  The violations of COPPA supported the monetary penalty since, unlike Section 5, COPPA provides for … Continue Reading
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