Providing timely updates and perspectives on current events, legislation, regulatory enforcement, and a myriad of other topics that pertain to the collection, use, disclosure, and protection of data.

Warning from FTC Regarding Scope of Health Breach Notification Rule
Health Data Luke Schaetzel Health Data Luke Schaetzel

Warning from FTC Regarding Scope of Health Breach Notification Rule

As the collection and use of health data drastically expands, the agency issued a recent guidance to officially put health apps and connected medical devices “on notice.”

On September 15, the Federal Trade Commission (“FTC”) held a meeting and published a policy statement to put connected medical device and health application (“app”) providers on notice that they are subject to the ongoing obligations of the Health Breach Notification Rule (the “Rule”) and that the FTC intends to begin enforcing the Rule. The Rule was first published in 2009, but the FTC has never enforced it and there are few examples of businesses providing breach notices pursuant to it.

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China Passes the Personal Information Protection Law
International Laws Luke Schaetzel International Laws Luke Schaetzel

China Passes the Personal Information Protection Law

The law will take effect on November 1, 2021 giving companies under two months to ensure their privacy policies and systems comply.

On August 20, the Standing Committee of the 13th National People’s Congress of China passed a sweeping privacy law meant to ensure heightened security of Personal Information (“PI”) and regulates data standards. Broadly, the law tracks with other omnibus privacy protection laws, such as the General Data Protection Regulation (“GDPR”) in the European Union.

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