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Privacy & Cyber Regulatory Enforcement

FTC Overrules LabMD Dismissal, Finds Unfair Data Security Practices

August 9, 2016 By Privacy, Cyber & Data Strategy Team

The FTC issued an Opinion and Final Order reversing the previously dismissed charges against LabMD on July 29.  FTC Administrative Law Judge (ALJ) D. Michael Chappell had dismissed the case against LabMD on November 13, 2015 based on an insufficient showing of harm, as required to find an act or practice unfair under § 5 […]

Filed Under: Board Governance & Cyber Risk Management, Privacy & Cyber Regulatory Enforcement Tagged With: Federal Trade Commission (FTC)

FERC Takes Action on Cybersecurity in Response to Ukrainian Cyber Attacks

August 8, 2016 By Privacy, Cyber & Data Strategy Team

The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”) and Final Rule at the end of July to address several urgent cybersecurity issues affecting the bulk electric system.  FERC is taking these actions in the face of increasingly sophisticated threats to our power grid, including in response to an actual cyber-attack against Ukraine’s electricity […]

Filed Under: Board Governance & Cyber Risk Management, Privacy & Cyber Regulatory Enforcement

German DPAs Will Not Be Able to Challenge Privacy Shield this Year

August 8, 2016 By Daniel Felz

Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield.  While EU privacy leaders have noted that Privacy Shield represents important improvements in data protection, some German DPAs have voiced a desire to challenge Privacy Shield in […]

Filed Under: Board Governance & Cyber Risk Management, European Privacy & Cybersecurity, Privacy & Cyber Regulatory Enforcement, Privacy & Cybersecurity Litigation

Advocate Health Care Network Agrees to Pay $5.55 Million to Settle Potential HIPAA Penalties

August 5, 2016 By HIPAA Privacy & Security Team

On August 4, 2016, the Office of Civil Rights (“OCR”) announced that Advocate Health Care Network (“Advocate”), Illinois’ largest fully-integrated health care system, has agreed to pay a record-breaking $5.55 million to settle claims of multiple Health Insurance Portability and Accountability Act (“HIPAA”) violations involving electronic protected health information (“ePHI”).  The substantial settlement stems from […]

Filed Under: Crisis & Data Breach Response, HIPAA/Health Information Privacy, Security & Breach Response, Privacy & Cyber Regulatory Enforcement Tagged With: HIPAA

EU Commission Publishes Long-Awaited Privacy Shield Citizen’s Guide

August 1, 2016 By Daniel Felz

Just over two weeks ago, the European Commission formally adopted the US-EU Privacy Shield.  As part of making Privacy Shield accessible to EU residents, the Commission has long planned to issue a “Citizen’s Guide” to the rights and remedies EU residents enjoy when data is transferred to certified Privacy Shield organizations.  (A leader in the Commission’s Directorate-General […]

Filed Under: Board Governance & Cyber Risk Management, European Privacy & Cybersecurity, Privacy & Cyber Regulatory Enforcement

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