Behind the Scenes

Arent Fox's advertising law blog - latest news and trends in advertising, data security & privacy, and fashion & entertainment.

Behind the Scenes
Health Privacy & Security, Privacy & Security - US & Abroad
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Our Allies Under Attack! Ransomware Hits the Brits and Quickly Spreading Across Globe – Batten Down the Hatches NOW

What’s New?

Last week, numerous hospitals operated by Britain’s National Health Service (NHS) suffered a ransomware event in which hospital computer systems were encrypted, phone lines became inoperable, patients were diverted, and a Bitcoin ransom was demanded. Hospitals across Britain shut down their computer systems in order to protect patient data and prevent further spread and advised people to stay home unless there was an emergency. NHS Digital, Britain’s national hospital cybersecurity overseer, stated that 16 NHS organizations across Britain had reported an incident, but that the attack did not appear to be specifically targeting NHS hospitals. At this time, there is no indication that the ransomware has exfiltrated any personal data from the NHS.

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Product Placement & Distribution, Advertising
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FTC Fires Warning Shot Over Misleading Instagram Posts

What’s New?

The Federal Trade Commission recently sent more than 90 letters to celebrities, athletes, and other influencers reminding them that brand endorsements made in social media posts must comply with the FTC’s Endorsement Guides. The letters reminded social media influencers – individuals or groups recruited to promote a brand’s products or services – that social media endorsements must clearly and conspicuously disclose “material connections” between the influencer and the brand, and focused on the need to disclose such connection in Instagram posts.
 

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Health Privacy & Security, Privacy & Security - US & Abroad
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New Director, Same Direction for OCR HIPAA Enforcement

What’s New?

On Monday, the US Department of Health & Human Services’ Office for Civil Rights announced that CardioNet has entered into a $2.5 million HIPAA settlement. CardioNet provides mobile cardiac monitoring services and is the first wireless health services provider to enter into a settlement with OCR. CardioNet had not performed a risk analysis or adopted a risk management plan; its Security Rule policies and procedures were still in draft form; and CardioNet was unable to show that it had finalized and implemented any policies safeguarding ePHI, including safeguards for mobile devices. This lack of compliance with the Security Rule contributed to the theft of an employee’s laptop containing the unsecured ePHI of 1,391 individuals.

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Health Privacy & Security, Privacy & Security - US & Abroad
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HIPAA Easter: OCR Continues to Censure Healthcare Providers for Overlooking the Security Rule

What’s New?

Last week, the US Department of Health & Human Services’ Office for Civil Rights (OCR) announced that Denver-based Metro Community Provider Network (a federally-qualified health center or FQHC) will pay $400,000 and implement a corrective action plan to settle its violations of HIPAA. The violations include failure to conduct a risk analysis and implement a corresponding risk management plan in accordance with the HIPAA Security Rule, which resulted in vulnerabilities contributing to a data breach.

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Privacy & Security - US & Abroad
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Vizio Smart TVs Fail FTC Privacy Test

What’s the News?

The Federal Trade Commission is asking “who’s watching who?” in a recent settlement with Vizio over the consumer electronics brand’s smart TVs. Vizio’s settlement with the FTC and the New Jersey Attorney General comes in at $2.2 million after a complaint that Vizio tracked consumer viewing data on 11 million smart TVs since 2014 without their knowledge and sold it to third parties. Vizio must also delete all data collected up until March 2016, disclose its data practices, and improve its privacy policies.

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GDPR, Privacy & Security - US & Abroad
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A29WP Issues Guidance Addressing GDPR Woes: Data Portability Right

This article is one of a three-part series. Read about the data protection officer or the lead supervisory authority at the links.

What’s New?

In December 2016, the EU’s Article 29 Working Party (A29WP)—a group comprised of EU national data protection authorities (DPAs) that advises the EU Commission on EU data protection law—issued a number of GDPR guidance documents, including explanations for the mandatory DPO role, new individual right to data portability, and how to identify a “lead authority” for the GDPR’s one-stop shop enforcement mechanism.

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Trademark Infringement
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In Fight Between Moose Knuckles and Counterfeiters, It’s a KO for the Retailer

What’s New?

An Illinois federal court recently awarded the Canadian retailer Moose Knuckles a $52 million default judgment related to claims of trademark infringement, counterfeiting, and cybersquatting by 26 Chinese defendants. The case offers a useful roadmap for companies that are trying to crack down on anonymous foreign infringers.

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GDPR, Privacy & Security - US & Abroad
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A29WP Issues Guidance Addressing GDPR Woes: The Data Protection Officer

This article is one of a three-part series. Read about the data portability right or the lead supervisory authority at the links.

What’s New?

In December 2016, the EU’s Article 29 Working Party (A29WP)—a group comprised of EU national data protection authorities (DPAs) that advises the EU Commission on EU data protection law—issued a number of GDPR guidance documents, including explanations for the mandatory DPO role, new individual right to data portability, and how to identify a “lead authority” for the GDPR’s one-stop shop enforcement mechanism.

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Privacy & Security - US & Abroad, Blockchain
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FTC FinTech Forum on AI & Blockchain Raises Privacy & Security Concerns, Calls for Self-Regulation

What’s New?

Arent Fox’s Privacy, Cybersecurity & Data Protection team members were in attendance when the Federal Trade Commission (FTC) held its third FinTech Forum on March 9th, 2017. The Forum focused on the consumer implications of artificial intelligence (AI) and blockchain, two rapidly developing technologies.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.