On May 25, 2018, the EU General Data Protection Regulation (GDPR) enters into force. One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of processing activities. Under Article 30 GDPR, companies will need to inventory all “processing activities under [their] responsibility” and memorialize them […]
Enforcement
FTC Overrules LabMD Dismissal, Finds Unfair Data Security Practices
The FTC issued an Opinion and Final Order reversing the previously dismissed charges against LabMD on July 29. FTC Administrative Law Judge (ALJ) D. Michael Chappell had dismissed the case against LabMD on November 13, 2015 based on an insufficient showing of harm, as required to find an act or practice unfair under § 5 […]
German DPAs Will Not Be Able to Challenge Privacy Shield this Year
Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield. While EU privacy leaders have noted that Privacy Shield represents important improvements in data protection, some German DPAs have voiced a desire to challenge Privacy Shield in […]
Advocate Health Care Network Agrees to Pay $5.55 Million to Settle Potential HIPAA Penalties
On August 4, 2016, the Office of Civil Rights (“OCR”) announced that Advocate Health Care Network (“Advocate”), Illinois’ largest fully-integrated health care system, has agreed to pay a record-breaking $5.55 million to settle claims of multiple Health Insurance Portability and Accountability Act (“HIPAA”) violations involving electronic protected health information (“ePHI”). The substantial settlement stems from […]
EU Commission Publishes Long-Awaited Privacy Shield Citizen’s Guide
Just over two weeks ago, the European Commission formally adopted the US-EU Privacy Shield. As part of making Privacy Shield accessible to EU residents, the Commission has long planned to issue a “Citizen’s Guide” to the rights and remedies EU residents enjoy when data is transferred to certified Privacy Shield organizations. (A leader in the Commission’s Directorate-General […]