Please join Ballard Spahr on October 4, 2018 in New York City for “Concordant Crossroads: Regulation and Innovation in the Automotive Industry,” presented by the Thomson Reuters Legal Executive Institute. Co-chaired by Ballard Spahr partners Neal Walters and Philip N. Yannella, this conference offers a practical and robust examination of the disruption that autonomous technology and regulation pose to transportation and the automotive industry. Continue Reading Join Us at Concordant Crossroads: Regulation and Innovation in the Automotive Industry

The Office of Civil Rights of the Department of Health and Human Services has announced settlements with three different Boston-area hospitals for allegedly compromising the privacy of protected health information by inviting documentary film crews on premises without first obtaining patient authorization.  The three settlements call for a total of almost $1 million in penalty payments and require each of the hospitals to undertake corrective action.  The corrections are not the same for each hospital and range from workforce education and communication to the establishment of specific procedures, for example, for deciding when to allow media access and for putting safeguards in place to monitor film crew activity. Continue Reading Beware the Bright Lights

On April 18, 2018, the Government of Canada published the final regulations relating to mandatory reporting of privacy breaches under Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). To date, most organizations under PIPEDA’s purview have not been subject to mandatory privacy breach notification requirements. While organizations in the United States are familiar with breach notification statutes, organizations both within and outside of Canada will need to pay careful attention to the new requirements imposed under PIPEDA and assess any changes that need to be made to ensure compliance when the final regulations go into effect on November 1, 2018. Continue Reading Mandatory Data Breach Notification in Canada: Understanding Your New Obligations

A new bill introduced by House Financial Services subcommittee Chairman Rep. Blaine Luetkemeyer would significantly change data security and breach notification standards for the financial services and insurance industries. Most notably, the proposed legislation would create a national standard for data security and breach notification and preempt all current state law on the matter. Continue Reading Proposed House Bill Would Set National Data Security Standards for Financial Services Industry

California is once again poised to set the standard for privacy and data security by enacting the first state law directed at securing Internet of Things (IoT) devices. The law has passed the state legislature and is awaiting the signature of Governor Jerry Brown. It requires manufacturers of “connected devices” to equip them with “a reasonable security feature or features” that are:

  • appropriate to the nature and function of the device;
  • appropriate to the information the device may collect, contain or transmit; and
  • designed to protect the device and any information contained in it from unauthorized access, destruction, use, modification, or disclosure.

Continue Reading California Poised to Enact Internet of Things Information Security Law

As discussed in our prior post, the California Consumer Privacy Act of 2018 (the “Act”) is expected to be modified by the California legislature prior to its January 1, 2020, enforcement deadline. In fact, while Governor Brown signed the legislation less than two months ago, one effort to amend the law already is underway through California Senate Bill 1121.

Continue Reading Update on California’s Consumer Privacy Act of 2018

Ballard Spahr’s Privacy and Data Security Group will again be hosting its Colorado Cybersecurity Summit on September 18, 2018, at Ballard Spahr’s Denver office and via webinar.

Highlights will include a discussion with the Colorado Deputy Attorney General who will be responsible for enforcing Colorado’s groundbreaking new cybersecurity law, as well as the former Director of Legislative Affairs who ushered the law through the state legislature. The Summit will also feature panel discussions on the current state of GDPR, how the new California Consumer Privacy Act will affect businesses, and innovative ways to mitigate risk in a world with quickly changing technology.

The Summit is co-sponsored by IMA Financial Group, Kivu Consulting, Noosa Yogurt, and Colorado = Security.

CO CLE and IAPP CPE credits are pending. Uniform Certificates of Attendance will also be made available for the purpose of seeking CLE credit in other jurisdictions.

For more information and to register please click here.

 

The online world is increasingly shaped by forces beyond our control.  Algorithmic processing agents are used by a wide range of web publishers, online retailers and social media companies to determine the kinds of stories that are feature to online readers, the advertisements that are targeted to online shoppers, and the search results they see, to name just a few of the ways in which these hidden programs predict the shape and content of our online experience.

US and EU privacy regulators have developed different models for managing the potential negative impacts of online profiling. In a recent article for the ABA Journal of Media, Information and Communications Law, Ballard Partner Phil Yannella examines these differing approaches.

Thank you to everyone who attended our webinar on the California Consumer Privacy Act of 2018.  For those who were unable to attend, you can listen to the recording here and obtain a copy of the slide deck here.  To access the recording, please fill in the requested information under “Register Now,” select “Yes, I will attend,” and click “Register.”