Privacy & Data Security

August 24, 2020

As we all know, the EU-U.S. Privacy Shield framework, the cross-border transfer mechanism relied upon by over 5,000 U.S. entities until just over a month ago, was recently invalidated by the CJEU in the Schrems II case (see here for our last post following the ruling). So what next?…

HIPAA & Health Information Technology

Updated OCR Guidance on Contacting Recovered COVID-19 Patients

By Elizabeth G. Litten

August 24, 2020

The Office for Civil Rights within the Department of Health and Human Services (OCR) provided guidance in June that reassured covered entity health care providers and that it is generally OK to use or disclose protected health information (PHI) to contact individuals who have recovered from COVID-19 for case management and care coordination. The OCR has now updated the guidance (“Guidance”) to clarify that health plans may also use or disclose PHI for…

Privacy & Information Security Law Blog

Apple’s iOS 14 Requires New Opt-in Consent for Advertising Identifiers

By Hunton Andrews Kurth LLP

August 24, 2020

Apple’s iOS 14, which was announced by Apple in June 2020 and is scheduled for official release later this year, will require that all apps receive user consent in order to access an iPhone’s unique advertising identifier (Identifier for Advertisers, or “IDFA”) or use the IDFA to automatically track users.…

Ride the Lightning

Oopsy Daisy! School Board Member in Virtual Meeting Forgets to Turn Camera Off Before Showering

By Sharon Nelson

August 24, 2020

WPXI in Pittsburgh published a post on August 21 which made it quite clear how very wrong things can go during virtual meetings. Pittsburgh Public Schools board member Veronica Edwards was accidentally seen disrobing and stepping into the shower during the school district’s agenda review meeting, which was streamed live. “Hopefully someone can learn from my experience and turn the camera off when you need to!” she said in a written statement. “During the pandemic,…

Eye On Privacy

NIST Seeking Comments on Draft AI Principles

By Liisa Thomas

August 24, 2020

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The National Institute of Standards and Technology has issue a set of draft principles for “explainable” artificial intelligence and is accepting comments until October 15, 2020. The authors of the draft principles outline four ways that those who develop AI systems can ensure that consumers understand the decisions reached by AI systems. The four principles are:…

Privacy & Information Security Law Blog

Brazilian Minister Says Decree to Create Data Protection Authority is Ready for Publication

By Hunton Andrews Kurth LLP

August 24, 2020

On August 20, 2020, Secretary-General of the Presidency of the Republic, Jorge Antônio de Oliveira Francisco, announced that the administrative decree to create the new Brazilian data protection authority (the Autoridade Nacional de Proteção de Dados, or “ANPD”) is ready and may be published at any time, after final technical adjustments are made. The Secretary-General made this statement during his remarks at the webinar “The ANPD: from the letter of law to the practice,”…

Cybersecurity Lawyer Forum

The Blackbaud Breach – Focus on Vendors

By Robert E. Braun

August 21, 2020

The Blackbaud Breach In July of this year, Blackbaud, a U.S. based cloud computing provider and one of the world’s largest providers of administration, fundraising, and financial management software, notified its clients that it had discovered and stopped a ransomware attack. In a public statement, Blackbaud described the attack: In a ransomware attack, cybercriminals attempt to disrupt the business by locking companies out of their own data and servers. After discovering the attack, our Cyber…

RopesDataPhiles

Supreme Court Upholds Constitutionality of the TCPA But Severs the Government Debt Carve-Out on First Amendment Grounds

By Kevin Angle & Shong Yin

August 21, 2020

The Supreme Court generally upheld the constitutionality of the Telephone Consumer Protection Act (TCPA) in Barr v. American Association of Political Consultants, Dkt. No. 19-631, issued on July 6, 2020. Multiple stakeholders have been pressing on constitutionality of the TCPA, including advocates against “nuisance” robocalls, service providers weary of uncertain class action liability, and free speech advocates wanting less regulation. The Supreme Court determined that only an exception to the TCPA permitting automated government debt…

Privacy Compliance & Data Security

UK MPs Slam Data Regulator for Failing to Protect Individual Rights

By Odia Kagan

August 21, 2020

A group of UK MPs wrote a letter to the UK Information Commissioner’s Office demanding stronger data protection enforcement. “It is imperative that you take action to establish public confidence – a trusted system is critical to protecting public health. The ICO has powers to compel documents to understand data processing, contractual relations and the like (Information Notices). The ICO has powers to assess what needs to change (Assessment Notices). The ICO can demand particular…

Privacy Compliance & Data Security

NIST Report Addresses the Four Principles of Explainable Artificial Intelligence

By Odia Kagan

August 21, 2020

In the wake of the UK A-Level algorithm fallout, the U.S. National Institute of Standards and Technology (NIST) has published a report, for public comment, on the Four Principles of Explainable Artificial Intelligence. “AI is becoming involved in high-stakes decisions, and no one wants machines to make them without an understanding of why,” said NIST electronic engineer Jonathon Phillips, one of the report’s authors. The four principles for explainable AI are: AI systems should deliver…

Privacy & Data Security

Addressing Cross-Border Transfers from the EU Following the Schrems II Ruling

Updated OCR Guidance on Contacting Recovered COVID-19 Patients

Apple’s iOS 14 Requires New Opt-in Consent for Advertising Identifiers

Oopsy Daisy! School Board Member in Virtual Meeting Forgets to Turn Camera Off Before Showering

NIST Seeking Comments on Draft AI Principles

Brazilian Minister Says Decree to Create Data Protection Authority is Ready for Publication

The Blackbaud Breach – Focus on Vendors

Supreme Court Upholds Constitutionality of the TCPA But Severs the Government Debt Carve-Out on First Amendment Grounds

UK MPs Slam Data Regulator for Failing to Protect Individual Rights

NIST Report Addresses the Four Principles of Explainable Artificial Intelligence

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