Matt Fisher writes: The early days of February 2023 saw two very different settlements announced related to healthcare data breaches. One arguably follows a well-known course and the other could be a sign of things to come. After having a health breach notification rule on the books since 2009, the Federal Trade Commission (“FTC”) had…
Category: Federal
FTC Enforcement Action to Bar GoodRx from Sharing Consumers’ Sensitive Health Info for Advertising
The Federal Trade Commission has taken enforcement action for the first time under its Health Breach Notification Rule against the telehealth and prescription drug discount provider GoodRx Holdings Inc., for failing to notify consumers and others of its unauthorized disclosures of consumers’ personal health information to Facebook, Google, and other companies. In a first-of-its-kind proposed…
NIST Requests Comments on Potential Significant Updates to the Cybersecurity Framework
Micaela McMurrough, Ashden Fein, Caleb Skeath, and Matthew Harden of Covington and Burling write: On January 19, 2023, the National Institute of Standards and Technology (“NIST”) published a Concept Paper setting out “Potential Significant Updates to the Cybersecurity Framework.” Originally released in 2014, the NIST Cybersecurity Framework (“CSF” or “Framework”) is a framework designed to assist organizations with…
Data Breach Reporting Requirements: A Proposed Rule by the Federal Communications Commission on 01/23/2023
This document has a comment period that ends in 29 days. (02/22/2023) AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: In this document, the Federal Communications Commission (Commission) begins the process to update and strengthen its data breach rule to provide greater protections to the public. We propose to expand the Commission’s definition of “breach”…
New Cybersecurity Directives (NIS2 and CER) Enter into Force in EU
Hunton Andrews Kurth writes: On January 16, 2023, the Directive on measures for a high common level of cybersecurity across the Union (the “NIS2 Directive”) and the Directive on the resilience of critical entities (“CER Directive”) entered into force. The NIS2 Directive repeals the current NIS Directive and creates a more extensive and harmonized set of rules on cybersecurity…
FCC Proposes To Strengthen Data Breach Notification Rules for Telecom Operators
Marc S. Martin, Belinda Nixon, Samuel Klein, and Tyler Robbins of Perkins Coie write: In response to the increased frequency and severity of data breaches in the telecommunications industry, the Federal Communications Commission recently published a Notice of Proposed Rulemaking that seeks to strengthen and broaden its breach notification rules arising from the unauthorized disclosure of customer…