Increasing oversight of tech companies, particularly in the realm of consumer privacy, has been a rare example of bipartisan agreement. Despite data privacy being a growing concern for consumers, however, there has been relatively little federal policymaking. To counteract this lack of action, some states have stepped in to fill
data protection
Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk
By Jonathan Mollod & Ryan P. Blaney on
The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws. Last week, Washington state became the first state in the nation to codify into law broad protections for consumer health data that go well beyond HIPAA.
Shining a Light on the Corporate Transparency Act: FinCEN’s Rules for Beneficial Ownership Reporting
On January 1, 2021, Congress enacted the Corporate Transparency Act as part of the Anti-Money Laundering Act of 2020 to “better enable critical national security, intelligence, and law enforcement efforts to counter money laundering, the financing of terrorism, and other illicit activity.” FinCEN issued the final rule on Beneficial Ownership…
Noteworthy Trends in Privacy and Data Security
By Jeffrey Neuburger & Jonathan Mollod on
Reports of sophisticated cyberattacks and ransomware threats dominated 2021 headlines, along with evolving state data privacy laws in the absence of comprehensive federal data protection regulation. Cross-border data transfers between the EU and US still lack a clear, streamlined mechanism while national authorities continue to negotiate an EU-US Privacy Shield…
INDEPTH: Data Protection & Privacy Laws 2021
By Ryan P. Blaney & Margaret A. Dale on
A heightened risk for cyberattacks and data breaches calls for companies to remain diligent as they navigate a patchwork of federal, state, local and sector-specific privacy and data protection laws, regulations and guidance. For Financier Worldwide, Margaret A. Dale and Ryan P. Blaney deliver commentary on the evolving landscape…
What Does Brexit Mean for Data Protection?
By Kelly McMullon on
With less than a month to go until the UK is due to leave the EU (at 11pm GMT/12pm CET on 29 March 2019), there is still much uncertainty as to whether, and if so how, the UK will exit the EU (commonly dubbed “Brexit”). In light of this uncertainty we outline what will happen, and what should be considered, depending on how things play out especially given the important votes due to take place within the UK Parliament this week.
California Legislature Passes Amendments to the California Consumer Privacy Act
By Courtney M. Bowman & Kristen J. Mathews on
The California Consumer Privacy Act (CCPA) is a major new state law poised to affect the privacy landscape not just in California, but in the U.S. as a whole. (For a detailed overview of the CCPA, read our previous post.) On August 31, the California legislature passed several amendments to the CCPA that will have a significant impact on its implementation.
The California Consumer Privacy Act of 2018
By Courtney M. Bowman & Kristen J. Mathews on
This has been a big year in the data protection world, with the headline-grabbing General Data Protection Regulation (GDPR) occupying most of the spotlight with its plethora of privacy-related requirements and potential for high fines for violators. While companies (justifiably) may be focused on the GDPR at the moment, it’s also important to keep an eye on new privacy laws on the horizon in order to avoid last-minute scrambles for compliance as effective dates near. Foremost among these new laws is the California Consumer Privacy Act of 2018. The Act was introduced and signed quickly in order to prevent voters from facing a similar ballot initiative in the November election. This post provides an overview of the new law, which will go into effect beginning January 1, 2020.