The long wait to see if any state would join California in passing a comprehensive privacy law is finally coming to an end, as the Virginia Senate passed the Virginia Consumer Data Protection Act (CDPA) on February 3. An...more
While still in its relative infancy, privacy law has quickly become a turbulent teenager, with constant change around the world.
At a minimum, 2021 will require meaningful efforts to implement the changes of 2020, with a...more
1/5/2021
/ Biden Administration ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Legislative Agendas ,
Personal Information ,
Privacy Laws ,
Private Right of Action ,
Ransomware ,
Schrems I & Schrems II ,
State Attorneys General ,
State Privacy Laws
Health-care privacy is at a crossroads. For almost 20 years, the health-care industry has addressed the requirements of the HIPAA Privacy and Security Rules, building reasonable and appropriate compliance programs from an...more
Security existed as a business norm long before it became a legal and compliance requirement. Doctors' offices locked their doors at night to ensure no one could access their records. Stores took precautions when they walked...more
I am not a real academic. I teach privacy law very part-time as an adjunct professor. I am a full-time law firm partner, focusing on privacy and data security issues.
I have been teaching formal privacy and data security...more
This second installment assesses options for moving forward to address emerging gaps and an evolving health care industry. Why? Because the substantial history behind the Health Insurance Portability and Accountability Act...more
2/10/2020
/ California Consumer Privacy Act (CCPA) ,
CMIA ,
Covered Entities ,
Data Privacy ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
Privacy Laws ,
Proposed Legislation
In the U.S., we do not, today, have a national privacy law. Pressure from the EU, via the General Data Protection Regulation, and from California, via the California Consumer Privacy Act, are driving an extensive national...more
The United States has always had privacy law. For most of our history it mainly regulated the government in connection with its citizens.
About 20 years ago we started modern privacy - presumably why we have Data Privacy...more
Congress is debating whether to enact a national privacy law. Such a law would upend the approach that has been taken so far in connection with privacy law in the United States, which has either been sector specific...more
Continuing Congress’s consideration of possible comprehensive federal privacy legislation, the Senate Commerce Committee’s Subcommittee on Manufacturing, Trade, and Consumer Protection held a hearing on March 26, 2019 on...more
4/1/2019
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Data Controller ,
Data Privacy ,
Data-Sharing ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Personally Identifiable Information ,
Preemption ,
Privacy Concerns ,
Privacy Laws ,
Small Business
Continuing Congress’s efforts to craft comprehensive federal privacy legislation, the Senate Judiciary Committee on March 12, 2019, held a hearing on “GDPR & CCPA: Opt-ins, Consumer Control, and the Impact on Competition and...more
3/15/2019
/ Behavioral Advertising ,
California Consumer Privacy Act (CCPA) ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Legislative Committees ,
Opt-In ,
Opt-Outs ,
Preemption ,
Privacy Laws ,
Privacy Policy ,
Small Business