FTC Asks For Comment On Its Health Breach Notification Rule

A corollary to HIPAA-regulations may get a rewrite to better regulate entities outside HHS’ jurisdiction that hold and use health information.   First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates from 2019 and 2020 here. As part of its regular review … Continue reading FTC Asks For Comment On Its Health Breach Notification Rule

Dueling COVID-19 Privacy Bills Released

Democratic stakeholders answer a Republican proposal on how to regulate privacy issues raised by COVID-19 contact tracing. The proposals have little chance of enactment and are mostly about positioning.   First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates from 2019 and … Continue reading Dueling COVID-19 Privacy Bills Released

The BROWSER Act (S. 1116)

First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates from 2019 here. My apologies. I thought I had posted this write up and others on the various privacy and data protection bills. In any event, I'll be doing some remedial work of … Continue reading The BROWSER Act (S. 1116)

U.S. and Other Governments Respond To Privacy and Data Implications of COVID-19

Federal agencies have continued to respond to the changing conditions presented by the increased number of COVID-19. However, while the U.S. government has not weighed in officially on the legality and appropriateness of using people’s location data from phones in order to combat the spread of the virus, European authorities have. Last week, the Federal … Continue reading U.S. and Other Governments Respond To Privacy and Data Implications of COVID-19

FTC Demands Ten Years of Information From Big Tech On Mergers and Acquisitions

The Federal Trade Commission (FTC) has issued an order to a number of large technology companies with an eye towards determining if the current threshold for federal examination of mergers and acquisitions is too high for a number of technology-related acquisitions. However, larger acquisitions above the threshold of about $90 million are not part of … Continue reading FTC Demands Ten Years of Information From Big Tech On Mergers and Acquisitions

Privacy Bill Revived and Revised in Washington State

The Washington state legislature is again trying to pass privacy legislation after an effort to do so last session fell short. If passed, this would constitute the second major privacy and data security bill enacted in the U.S. after the “California Consumer Privacy Act” (CCPA) (AB 375) and the revised bill contains significant differences from … Continue reading Privacy Bill Revived and Revised in Washington State

House Energy and Commerce Releases Privacy Discussion Draft

As rumored, in mid-December, the House Energy and Commerce Committee has released its privacy discussion draft that is the result of a bipartisan effort led by Consumer Protection & Commerce Subcommittee Chair Jan Schakowsky (D-IL) and Ranking Member Cathy McMorris Rodgers (R-WA). The subcommittee is sharing this draft with stakeholders and is asking for feedback … Continue reading House Energy and Commerce Releases Privacy Discussion Draft

Privacy Bill A Week: United States Consumer Data Privacy Act of 2019

The majority staff of the Senate Commerce Committee circulated the “United States Consumer Data Privacy Act of 2019” (CDPA), a draft data privacy bill days after Ranking Member Maria Cantwell (D-WA) and her cosponsors released the “Consumer Online Privacy Rights Act“ (COPRA) (S.2968) (See here for more analysis). Of course, these competing proposals came before … Continue reading Privacy Bill A Week: United States Consumer Data Privacy Act of 2019

EDPB Details Ongoing Concerns About EU-U.S. Privacy Shield

The European Data Protection Board (EDPB or Board), an entity consisting of the European Union’s (EU) data protection authorities, has released its annual assessment of the EU-U.S. Privacy Shield and again finds both the agreement itself and implementation wanting. There was some overlap between the concerns of the EDPB and the the European Commission (EC) … Continue reading EDPB Details Ongoing Concerns About EU-U.S. Privacy Shield