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EU Releases e-Evidence Proposal for Cross-Border Data Access

On April 17, 2018, the European Commission published the e-Evidence Initiative, long-awaited legislation that would create a new framework for European Union (“EU”) Member States to access content data and metadata (collectively “e-evidence”) across national borders.  The European Commission released the proposal less than one month after the United States created its own framework governing … Continue Reading

U.S. Supreme Court to Consider Whether the Fourth Amendment Protects Cell-Location Data

By Lauren Moxley Today, the Supreme Court granted certiorari in Carpenter v. United States, a case addressing Americans’ privacy rights in cell phone tracking data. The Court will consider whether a warrantless search and seizure of cell phone records revealing the location and movements of a cell phone user over the course of several months … Continue Reading

China Formulating Standards for Personal Information Security and Data Protection

This month, China’s National Information Security Standardization Technical Committee (“NISSTC”) organized a meeting to launch a working group tasked with drafting a Personal Information Security Standard (“PIS Standard”). NISSTC is a government committee jointly supervised by the Standardization Administration of China and the Cyberspace Administration of China. In addition to the government agencies, several Chinese … Continue Reading

FTC Releases Online Tool to Help Health App Developers Identify Applicable Laws

A new post on the Covington eHealth blog discusses the new web-based interactive tool released by the FTC, in conjunction with HHS and the FDA, to assist mobile health app developers in navigating applicable federal laws and regulations in the areas of advertising and marketing, medical devices, and data security and privacy.  As part of … Continue Reading

SAMHSA Proposes Changes to Confidentiality Rules

On Tuesday, February 9, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a proposed rule to update regulations at 42 C.F.R. Part 2 that protect the confidentiality of alcohol and drug abuse patient records.  The regulations were originally promulgated in 1975 and last substantively updated in 1987.  SAMHSA intends for these updates to … Continue Reading

Senate Committee Passes Judicial Redress Act, May Assist Safe Harbor Negotiations

The Senate Judiciary Committee today successfully reported H.R. 1428, the Judicial Redress Act of 2015.  However, the bill included an amendment to the House-passed version that has the potential to influence current negotiations between the United States and the European Union to reach a new Safe Harbor agreement. As we previously reported, the Judicial Redress … Continue Reading

European Court of Human Rights Rules That Employers Can Monitor Employee Private Communications

On January 12, 2016, the European Court of Human Rights (ECtHR) ruled that an employer who had monitored an employee’s private communications during working hours had not breached the employee’s right to privacy (under Article 8 of the European Convention on Human Rights). This judgment will influence how other European national courts and regulators view … Continue Reading

Ninth Circuit Hears FTC’s Throttling Case Against AT&T

Earlier this week, the Ninth Circuit heard oral argument in AT&T’s appeal of a lower court decision to not dismiss the Federal Trade Commission’s (FTC’s) complaint alleging that AT&T misled consumers by limiting its “unlimited” data plan for mobile customers. As we previously reported, in October 2014 the FTC filed a complaint alleging that AT&T … Continue Reading

Device IDs alone are not PII under the VPPA, New York district court rules.

In another ruling that adopts a narrow reading of the term “personally identifiable information” (“PII”) in the Video Privacy Protection Act (“VPPA), a New York district court held in Robinson v. Disney Online that a plaintiff failed to plead a VPPA claim against Disney based on Disney’s sharing a device ID and viewing information with … Continue Reading

HHS Launches Portal Seeking Questions from Mobile Health Application Developers

A new post on Covington’s Inside Medical Devices blog discusses a new portal recently launched by HHS seeking questions from mobile health application developers.  The platform allows for individuals to both submit and review questions on the HIPAA implications of these mobile health applications.  To read the post, click here.… Continue Reading

Debate in the European Parliament’s LIBE Committee on the Schrems ruling

On October 12, 2015, the European Parliament’s Civil Liberties, Justice and Home Affairs (“LIBE”) Committee held a debate to discuss the aftermath of the ruling of the Court of Justice of the European Union (“CJEU”) ruling in Case C-362/14 Maximillian Schrems v Data Protection Commissioner (see summary of the ruling here and summary of the … Continue Reading

China Releases Draft of New Network Security Law: Implications for Data Privacy & Security

On July 6, 2015, China’s National People’s Congress (NPC) released a draft of the Network Security Law  (“Draft Law,” referred to in some press articles as the draft Cybersecurity Law) for public comment.  Comments can be submitted through the NPC website or by mail before August 5, 2015. The release of the Draft Law follows … Continue Reading

Supreme Court to Consider Whether A Settlement Offer for Complete Relief Moots a Plaintiff’s TCPA Claim

Yesterday, the U.S. Supreme Court granted certiorari and agreed to consider Campbell-Ewald Company v. Gomez, in which the U.S. Court of Appeals for the Ninth Circuit held that a consumer’s failure to accept an advertiser’s settlement offer that would fully satisfy the consumer’s claim did not render moot either the consumer’s individual claim under the … Continue Reading

AT&T: FTC Lacks Jurisdiction Even Under “Activity-Based” Interpretation of the Common Carrier Exemption

Last week AT&T filed a Reply in support of its Motion to Dismiss challenging the Federal Trade Commission’s (FTC’s) attempt to exercise jurisdiction over the company pursuant to Section 5 of the FTC Act. As we previously reported, the FTC filed a complaint against AT&T alleging that the company misled consumers by reducing the data … Continue Reading

China’s Internet Gatekeeper Announces Legislation to Enhance Personal Information Protection

China’s principal internet regulator, the Cyberspace Administration of China (“CAC”), announced this week that China will move forward new legislation to combat the improper collection, use, and sale of personal information. The new legislation, announced during an interview of a senior CAC official by state-owned Xinhua News, is reportedly being drafted by CAC, the Ministry … Continue Reading

New York Attorney General Unveils Data Breach Proposal

On the heels of a number of well-publicized data security breaches, a White House data breach proposal, and California’s recent changes to its data breach notification statute, New York Attorney General Eric Schneiderman has announced that he will propose legislation to strengthen New York’s data breach notification law.   The legislation had not been made public … Continue Reading

European Parliament Nominates New European Data Protection Supervisor

On October 21, 2014, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE Committee”) voted the Italian Giovanni Buttarelli as top candidate for the post of European Data Protection Supervisor (EDPS).  Mr. Buttarelli spent the last five years as Assistant Supervisor to the current  EDPS, Mr. Peter Hustinx.  Referred to as the … Continue Reading

Video: A Conversation with Covington about the Latest NLRB Facebook Case

Meena Harris, a member of Covington’s Global Privacy and Data Security Practice Group, spoke with LXBN TV about the National Labor Relations Board’s recent ruling that two employees of a sports bar and restaurant were unlawfully discharged for their participation in a Facebook discussion criticizing their employer.  You can view the interview here.… Continue Reading
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