A spotlight has been placed on the need for a chief data officer (CDO) in public sector agencies through both recent legislation and recommendations made in other recent reports and initiatives.
California Consumer Privacy Act
DBR Kicks Off Its Year-Long CCPA Webinar Series … While the CA AG Seeks Public Input on the CCPA and Lawmakers Propose Changes to It.
DBR’s CCPA Webinar Series Kicks Off
The end of February marked the beginning of Drinker Biddle’s nine-part webinar series on the new California Consumer Privacy Act of 2018 (CCPA) — one of the most significant data privacy laws in the United States.
Compliance with the new law will require considerable knowledge and effort. Our webinar series delves into the complex details and strategies that companies doing business in the state need to know. The series will feature a panel of CCPA professionals from Drinker Biddle’s Information Privacy, Security and Governance team, including Peter Blenkinsop, Jeremiah Posedel, Reed Abrahamson, and others.
The first webinar held on February 27 provided a comprehensive overview of the CCPA, including the obligations and limitations imposed on businesses that collect and process personal data of California residents, the rights of such residents, and the enforcement mechanisms and potential penalties available under the act. The DBR team also highlighted some key open issues that will hopefully be addressed or clarified by California regulators before the law becomes operative on January 1, 2020. For those who were unable to attend, a recording of the webinar and a copy of the presentation materials are available here.
U.S. Department of Education Issues Updated Student Privacy Guidance Following Federal Commission on School Safety Report
On February 5, 2019, the U.S. Department of Education (ED) released new and important regulatory guidance entitled “School Resource Officers, School Law Enforcement Units, and the Family Educational Rights and Privacy Act.” This guidance document was prepared and issued in response to the December 2018 final report of the Federal Commission on School Safety (the Commission), which was established following the February 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida. Among the findings of that final report was the following, which concerns threat assessment efforts in the nation’s schools:
GAO Report Recommends Congress Consider Comprehensive Privacy Regulation
The GAO recently concluded a comprehensive analysis of the U.S. federal regulatory landscape with respect to internet privacy, specifically focusing on FTC and FCC enforcement actions and authorities. GAO interviewed representatives from industry, consumer advocacy groups, academia, FTC and FCC staff, former FTC and FCC commissioners, and officials from other agencies. (See page 40 of the GAO report for a complete list of those interviewed.) GAO recommends that Congress consider developing comprehensive legislation on internet privacy that would enhance existing consumer protections and provide flexibility to address a rapidly evolving privacy environment.
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$3 Million Settlement for Two Separate HIPAA Breaches Affecting Over 62,500 Individuals
Cottage Health and the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS-OCR) recently entered into a $3 million no-fault settlement and three year corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA). This was HHS-OCR’s last HIPAA related settlement of 2018 – a record year in HIPAA enforcement activity, as detailed in this DBR on Data blog post.
New Executive Order on Maintaining American Leadership in Artificial Intelligence
On February 11, 2019, President Trump signed an Executive Order on “Maintaining American Leadership in Artificial Intelligence.” The Executive Order (EO) recognizes that the United States is the world leader in AI research and development (R&D) and deployment,” and that “[c]ontinued American leadership in AI is of paramount importance. . . .”
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