Data

Talking ‘Bout A (Healthcare Economy) Revolution

By: Rick Borden and Kate Woods

On August 13, 2018, the Centers for Medicare and Medicaid Services (CMS) held the Blue Button 2.0 Developer Conference in Washington, D.C., a gathering of leading healthcare and technology business and thought leaders. Over 350 organizations were represented, from Fortune 500s, to electronic health record companies (EHRs),  and startups. Why were they there? What were they talking about? And what were their lofty goals? …

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New York’s Cyber Regulations Now Apply to Credit Reporting Agencies

By: Josh Mooney and Emma Bechara

On June 25, 2018, the New York Department of Financial Services (NYDFS) issued a final regulation that requires any credit reporting agency (CRA) with “significant operations” in New York to register with the NYDFS and comply with the NYDFS cyber regulations under Part 500. CRAs must register by September 15, 2018. Significantly, as outlined below, CRAs also must begin complying with New York’s cyber regulations as early as November 1, 2018 – i.e., in four months. …

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CEO Zuckerberg: Facebook User Settings Protect Individual Data – Congress Is Not So Sure

By: Linda Perkins

After ten hours of Congressional testimony, one thing is clear there is growing bipartisan concern over data privacy and data protection in the US. In the wake of so many recent data breaches, and now the data harvesting scandal embroiling Facebook, lawmakers in both chambers of Congress are very concerned about data security. Apparently, so are their constituents, judging from just a few of the questions sent in and read into the record during testimony from Facebook CEO Mark Zuckerberg.

The challenge now is what to do about it. …

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Coalition of State Attorneys General Send Letter Demanding Answers from Facebook

By: Linda Perkins

On March 26, 2018, a bipartisan coalition of 37 state Attorneys General sent a letter to Facebook CEO Mark Zuckerberg demanding answers about the company’s business practices and privacy protections. Led by Pennsylvania Attorney General Josh Shapiro, the National Association of Attorneys General is taking issue with Facebook’s relationship with app developers, its efforts to protect and inform Facebook users, and seeking clear answers as to when Facebook first learned that users’ privacy had been compromised by a third-party app developer. …

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FTC to Investigate Facebook’s Use of Personal Data

By: Josh Mooney and Gwenn Barney

Allegations that Facebook allowed a data analytics company to mine the information of at least 50 million Americans have led to the opening of a Federal Trade Commission (FTC) investigation as to whether the company breached its 2011 consent decree with the agency by transferring personal data to Cambridge Analytica without the users’ prior knowledge and affirmative consent. …

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United States v. Microsoft Raises Significant Questions Regarding Application of the Stored Communications Act

By: Jay Shapiro and Sedgwick Jeanite

Justice Ginsburg: “In….1986, no one ever heard of clouds.”

On Tuesday, February 27, 2018, the US Supreme Court heard oral argument in connection with an ongoing dispute between the Department of Justice (DOJ) and Microsoft over data in the corporation’s datacenter in Ireland. At the core of the oral argument is the application of the Stored Communications Act (SCA), a law enacted in 1986 that regulates the US government’s ability to obtain emails and other communications from providers of electronic communication services or remote computing services. Microsoft has fought the government’s contention that a warrant obtained under the SCA can compel a US company to produce information under its control but stored outside the United States. …

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Facebook’s Transparency Report Reveals Increase in Data Requests from U.S. Government

By: Gwenn Barney

Facebook released its semi-annual Transparency Report on December 18 providing a snapshot of information requests that the government makes to the tech giant. Among the telling statistics in the report was an increase in the percentage of data requests that the government made on a confidential basis. …

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Class Action Suits Allege Violations of Illinois Biometric Information Privacy Act

By: Gwenn Barney

As punch cards are replaced with retina scanners, and keys with fingerprint identification, employers are facing more lawsuits related to the protection of employees’ biometric data.

Last week, an employee filed two separate class action lawsuits in Illinois against salad restaurant chain Sweetgreen and Philadelphia-based food services provider Aramark for violations of the Illinois Biometric Information Privacy Act (BIPA). The new lawsuits add to over 30 lawsuits already filed for violations of BIPA in the past three months.

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Internet of Medical Things Resilience Partnership Act of 2017

A new bill called the “Internet of Medical Things Resilience Partnership Act of 2017,” H.R. 3985, was recently introduced in the House of Representatives. If passed as drafted, the bill will establish a working group of public and private entities led by the Food and Drug Administration (FDA) and National Institute of Standards and Technology (NIST) to recommend voluntary frameworks and guidelines to increase the security and resilience of Internet of Medical Things devices. Specifically, the working group will develop “recommendations for voluntary frameworks and guidelines to increase the security and resilience of networked medical devices sold in the U.S. that store, receive, access or transmit information to an external recipient or system for which unauthorized access, modification, misuse, or denial of use may result in patient harm.”

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