Touchstone Medical Imaging (Touchstone) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) entered into a no-fault settlement and two-year corrective action plan (CAP) to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA).
On April 22, 2019, the FBI’s Internet Crime Complaint Center (“IC3”) released its Internet Crime Report (the “Report”) for 2018. IC3 issues the Report annually as a means to highlight data and identify key trends about Internet crimes.
The SEC’s OCIE recently issued a Risk Alert focusing on compliance issues related to Regulation S-P, the primary SEC rule governing compliance practices for privacy notices and safeguard policies for investment advisers and broker-dealers. The Risk Alert summarizes the OCIE’s findings from two-year’s worth of issues identified in deficiency letters to assist investment advisers and broker-dealers in adopting and implementing effective policies and procedures for safeguarding customer records and information pursuant to Regulation S-P.
In this alert, partner Jim Lundy outlines the Regulation S-P requirements, the OCIE’s Regulation S-P findings and key takeaways for SEC registrants.
The Sedona Conference® has released the Final Version of its Commentary on Information Governance, Second Edition (April 2019). The Second Edition of this Commentary again sets out 11 principles of information governance that provide a strategic framework for senior management to make decisions with respect to all information within an enterprise. However, the latest Commentary has been revised to incorporate changes and advances in technology and law, including on privacy, that have occurred over the past four years, and in particular in an expanded set of footnotes it includes updated references to publications of The Sedona Conference that have been issued in the intervening years since 2014.
The critical role of data mapping in CCPA readiness and compliance
Although the California Consumer Privacy Act (CCPA) does not explicitly require that businesses engage in data mapping or relationship mapping, they probably won’t be able to develop effective CCPA compliance strategies without having both. Businesses that have engaged in data mapping in preparation for GDPR compliance will be able to leverage some of that work.
When people talk about data privacy, or data collection, or tracking technology, or analytics, or click farms, or bots, or data brokers, or geolocation, or mobile apps, or social media, or influencers, in the end what they’re really talking about is digital advertising. Yet while we may feel comfortable using the phrase to broadly describe any online marketing efforts, the purpose of digital advertising is quite different from the goal of a 30 second radio spot, and shares little with its Mad Men-era ancestors beyond the name.
But today, faced with a variety of new laws and regulations designed to protect consumer privacy, lawyers and their clients are obliged to take a much deeper and more nuanced dive into modern methods of digital advertising. And many are surprised at what they find.