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Category: Federal

11th Circuit’s strict new rule for data breach standing will figure in Equifax appeal

Posted on February 9, 2021 by Dissent

Alison Frankel reports: Shiyang Huang is not a lawyer. Nor is he a professional objector who makes a living from demanding payments to drop filing vexatious objections to class action appeals. By his account, he’s just a pro se litigant from Topeka who doesn’t think federal courts should be called upon to adjudicate claims by…

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Brazilian Data Protection Authority Publishes Regulatory Strategy for 2021 – 2023

Posted on February 9, 2021 by Dissent

Hunton Andrews Kurth writes: On January 28, 2021, international Data Privacy Day, the newly formed Brazilian data protection authority (Agência Nacional de Proteção de Dados, the “ANPD”) published its regulatory strategy for 2021-2023 and work plan for 2021-2022 (in Portuguese). The ANPD’s regulatory strategy for 2021-2023 sets forth the agency’s vision for becoming a reference, nationally and internationally, with respect to…

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Democrats propose bill to protect privacy, data security amid growing use of pandemic-related tech

Posted on February 4, 2021 by Dissent

Anuja Vaidya reports: Technology is the linchpin of the United States’ response to the Covid-19 pandemic. But the growing use of digital solutions raises the complicated issue of ensuring individuals’ right to privacy. Now, a group of Congressional Democrats have introduced a bill to address this concern. The Public Health Emergency Privacy Act would set enforceable privacy…

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HITECH Amendment Provides Some Protection For Covered Entities and Business Associates that Adopt Recognized Security Standards

Posted on February 3, 2021 by Dissent

Anna D. Kraus, Libbie Canter, Tara Carrier, and Olivia Vega of Covington & Burling write: On January 5, 2021, an amendment to the Health Information Technology for Economic and Clinical Health (“HITECH”) Act was signed into law.  The amendment requires the U.S. Department of Health and Human Services (“HHS”) to “consider certain recognized security practices of covered…

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HIPAA Enforcement by State Attorneys General

Posted on January 22, 2021 by Dissent

HIPAA Journal has a nice recap of of HIPAA enforcement actions by states attorney general.  You can read it here.  

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An Overview of Cybersecurity Law in Taiwan

Posted on January 21, 2021 by Dissent

John Eastwood, Nathan Snyder, Wendy Chu, David Rosenthal and Lloyd G. Roberts III of Eiger write: 1. GOVERNING TEXTS In Taiwan, there are two main branches of legislation pertaining to information security: legislation on cybersecurity and legislation protecting personal data. While the information security aspects of personal data protection legislation (mainly the PDPA) only apply…

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