Discerning Data

New Jersey Enacts Personal Information and Privacy Protection Act

The New Jersey “Personal Information and Privacy Protection Act” was signed into law on July 21, 2017 by Governor Chris Christie and will be effective November 1, 2017.

The law restricts the way retail establishments may collect and use the personal information contained in the electronic data embedded in identification cards, such as driver’s licenses. The law responds to concerns raised by reports related to how businesses use and store personal information obtained from scanned driver’s licenses.

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New Nevada Law Mandates Posting of Privacy Practices

Nevada recently joined California as the second state to require that operators of websites and online services post public notices outlining their privacy practices. The Nevada law, which went into effect on July 1, requires that the posted notice on the website or online service do the following:

Identify the categories of “covered information” collected through the site.
Describe the process for consumers to review and request changes to the covered information collected through the site.
Describe the process by which the operator notifies consumers of material changes to the notice.
Disclose whether third parties may collect information about a consumer’s online activities over time and across different websites when the consumer uses the site.
List an effective date.

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OCR Responds to Rise in Health Care Cyberattacks

After recent WannaCry ransomware and Petya/notPetya malware attacks exposed the data security vulnerabilities of health care organizations and pharmaceutical companies globally, the Department of Health and Human Services and Office for Civil Rights have rolled out resources to prevent future attacks. The OCR’s resources, such as its Quick-Response Checklist, infographic and informational newsletter, are meant to support health care organizations every step of the way, from planning and contingency plans to response and mitigation procedures.

We’ve outlined some of the key points in the OCR and HHS documents in this recent alert.

And the Winner is….. FTC Announces Winner of IoT Home Device Security Contest

Earlier this year the FTC launched the IoT Home Inspector Challenge competition to challenge innovators to create a tool that will help protect consumers from security vulnerabilities in the software of home IoT devices. Submissions were received in May and reviewed by a panel of five judges, including security experts from a range of private companies, universities and the government. The FTC announced the winners on July 26, 2017.
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Japan’s Protection of Personal Information Amendments Go into Effect

The amendments to Japan’s Act on the Protection of Personal Information went into effect on May 30, 2017. The amendments provide clarity on what types of personal information will be regulated and steps operators need to take to be in compliance.

The Act, Generally

Formulated “to protect an individual’s right and interests while considering the utility of personal information,” the Act (1) sets forth the overall vision and policy regarding the proper handling and protection of personal information, (2) clarifies the responsibilities and obligations of the central and local governments in the protection of personal information, and (3) ensures that the proper application of personal information contributes to the creation of new industries, the realization of a vibrant economic society, and an enriched quality of life for the people of Japan.
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Time to Focus on Cybersecurity in Health Care

In the wake of the WannaCry global attack that impacted the U.K.’s National Health Service, the need to protect valuable health care data has never been more urgent. The U.S. government has begun to take steps in the right direction with the passing of executive orders on cybersecurity, the Cybersecurity Act of 2015, and the Government Accountability Office report on the Internet of Things.

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