On January 5, 2021, the president signed into law H.R. 7898, an Act that amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Secretary of Health and Human Services (HHS) to consider specific recognized security practices of covered entities and business associates when making certain determinations regarding fines, penalties, […]
Enforcement
Financial Regulatory Agencies Announce Proposed Rule Requiring Notice of Computer Security Incidents
On December 18, 2020, federal financial regulatory agencies jointly announced a proposed rule that would impose new and expanded reporting requirements on supervised banking organizations that experience a “computer-security incident,” requiring notice within 36 hours of any computer-security incident that rises to the level of a “notification incident.” In a significant departure from current reporting […]
California AG Proposes Regulatory Changes to CCPA
Today, the California Attorney General’s office provided “Notice of Fourth Set of Modifications” to regulations under the California Consumer Privacy Act. The new proposed regulatory text would modify the current regulations which took effect in August. The latest proposal responds to comments on a prior draft and primarily addresses the presentation of the right to […]
Alston & Bird Attorneys Propose Assessing Data Portability in Antitrust Context
In the November 2020 edition of the Competition Policy International Antitrust Chronicle, Georgia Tech professor and Alston & Bird senior counsel Peter Swire and partner John Snyder discuss ways to utilize the Portability and Other Required Transfers Impact Assessment (“PORT-IA”) in the context of antitrust law. The PORT-IA is a structured set of questions based […]
Alston & Bird Analyzes New California Privacy Rights Act in Client Alert
Yesterday, California voters approved a ballot initiative containing the California Privacy Rights Act of 2020. The ballot initiative significantly revises the existing California Consumer Privacy Act to create arguably the most comprehensive state privacy law in the United States. Alston & Bird has now issued a client alert explaining key impacts of this law. The […]