The Health Insurance Portability and Accountability Act (“HIPAA”) establishes standards by which Protected Health Information (“PHI”) may be deidentified. Upon deidentification, HIPAA generally allows covered entities to use or disclose the information without limitation. However, states are increasingly passing privacy laws with definitions of personal information expansive enough to arguably…
On May 10, 2022, Connecticut Governor Ned Lamont signed into law an Act Concerning Personal Data Privacy and Online Monitoring (“Connecticut Data Privacy Act”, “CTDPA” or the “Act”). Like the California Privacy Rights Act, Colorado Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act, the Act provides…
On April 21, 2022, France’s data protection authority, the Commission Nationale de l’Informatique et des Libertés (CNIL), announced its decision to fine medical software company Dedalus Biologie €1.5 million following a data breach that exposed health information of nearly 500,000 people. The CNIL noted the company violated several GDPR obligations,…
On November 1, 2021, the Personal Information Protection Law of the People’s Republic of China (the “PRC”) (the “Personal Information Protection Law”) went into effect, two months after the Data Security Law of the PRC (the “Data Security Law”) went into effect. The Data Security Law and the Personal Information…
The Cybersecurity Administration of China (CAC), China’s data protection and cybersecurity watchdog, recently passed the final text of the Internet Information Service Algorithm Recommendation Management Regulations, an extensive set of rules – one of the most fully developed artificial intelligence (AI) regulations in the world – designed to govern the…
On January 12, 2022, the French data protection authority, Commission nationale de l’informatique et des libertés, issued guidance on the reuse of personal data by processors for their own purposes under the EU General Data Protection Regulation. The guidance addresses one of the most common — and hotly contested — aspects of…
On 17 December 2021, the Irish Data Protection Commission (“DPC”) published the final version of its guidance “Children Front and Centre: Fundamentals for a Child-Oriented Approach to Data Processing” (“the Fundamentals”). The Fundamentals set out principles and recommendations for companies to follow when processing children’s data in Ireland. The Fundamentals seek…
On January 6, 2022, the Israeli government released a long anticipated bill amending and updating Israel’s 1981 Privacy Protection Act (PPA) (the Bill). If passed, the Bill would constitute the most comprehensive update of the PPA in more than two decades. Primarily, the Bill greatly enhances the enforcement and investigation…
In what is likely the largest industry-wide vulnerability since the SolarWinds Orion flaw uncovered late last year, a critical software bug was recently discovered within Apache Log4j, an open-source logging utility widely used in business software development. A long list of technology companies have already reported being affected, including such…
On 25 November 2021, the UK Information Commissioner’s Office (“ICO”) published an Opinion on Data Protection and Privacy Expectations for Online Advertising Proposals (“Opinion”). The Opinion emphasizes several data protection concerns relating to behavioural advertising and sets out overarching expectations that companies must meet to safeguard people’s privacy online when…