Behind the Scenes

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Behind the Scenes

Privacy & Security - US & Abroad

Arent Fox is on the cutting edge of privacy laws and has experience assisting clients with all aspects of privacy and data security. For example, we routinely assist companies with the development of an internal security protocol that meets the requirements of the applicable state and federal laws. In this regard, our practice groups have helped companies comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, the Gramm-Leach-Bliley Act (GLB), and the Children’s Online Privacy Protection Act (COPPA), as well as the Payment Card Industry Data Security Standard (PCI DSS) and related payment laws.

Our lawyers also routinely advise companies about online privacy, including providing advice on notification and consent, and when an opt-in is necessary, or merely suggested. In this capacity, we work with small and large businesses on their social media marketing to help them comply with all applicable rules, guidelines, and laws.

Finally, our team has notable experience with managing a reaction to a data breach, having been part of the response to one of the largest known data breach incidents. In this capacity, we assist with all aspects of the breach, including the consumer, regulator, and payment card industry notification procedures, and the compliance and protocol development after the incident.

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Who’s Driving? (Not You.) Autonomous Vehicles Lead to Interesting Privacy and Data Security Questions

If you attended the Consumer Electronics Show in Las Vegas, you probably noticed many concepts applied to the one item that many Americans use every day: the automobile. Over the past few years technology developers and manufacturers have set their sights on the automotive industry, which is one of the largest industries in the United States. From automated cars, syncing software, to wearable devices that interact with a vehicle, it is clear that our time in the car is under an era of rapid change. 
 

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Safe Harbor Fully Sunken: German DPA Levies First Fines to 3 Companies

A German data protection regulator reportedly fined 3 companies—Adobe Systems, Punica, and Unilever—a total of 28,000 euros ($32,000) for continuing to rely on the Safe Harbor framework and failing to set up alternative legal channels for cross-border data transfers quickly enough, following Safe Harbor’s demise in October of last year. Adobe was fined 8,000 euros, Punica 9,000 euros, and Unilever 11,000 euros.
 

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Tune In to Arent Fox On The Privacy Advisor Podcast

Last week, Sarah Bruno and Lourdes Turrecha joined International Association of Privacy Professionals (IAPP) Privacy Advisor editor Angelique Carson to discuss their experiences in the privacy field.

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White House Releases Health Initiative Data Security Framework

On May 25, 2016, the White House released its much anticipated Data Security Policy Principles and Framework (Security Framework) for President Obama’s Precision Medicine Initiative (PMI). The PMI is aimed at pioneering a new model of patient-powered research to improve health and treat disease, which takes into account individual differences in people’s genes, environments, and lifestyles.
 

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EU Reg Would Ban Retail Companies From Using Geo-Tracking In Online Shopping

Under a proposed EU regulation, online retail companies in Europe may no longer be able to use geo-tracking in online shopping. The European Commission released a draft regulation on May 25, 2016 that proposes the removal of geo-blocking for online shopping, stating that it wants to ensure that consumers seeking to buy products and services in an EU country, be it online or in person, are not discriminated against in terms of access to prices, sales, or payment conditions.
 

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SCOTUS Punts on Chance to Curb Consumer Privacy Laws

On Monday, the US Supreme Court sent a potential class action case back to the Ninth Circuit for reconsideration, marking an intermediary win for Spokeo Inc., which uses a “people search engine” to find, compile, and sell publicly available personal information. The company came under fire for publishing inaccurate personal information about plaintiff Thomas Robins in a case that was expected to have major implications on US privacy and consumer protection law.

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Heading for the Breaches: California Recommends Data Security Measures

The California Office of the Attorney General (OAG) recently released a report detailing a comprehensive analysis of the data breaches reported to the OAG between 2012 and 2015. Fifty million records of Californians were reportedly breached during those four years. The report acknowledges that security is a challenging endeavor for organizations, but points out that many of the breaches reported could have been prevented by taking reasonable security measures.
The report provides the following key recommendations for businesses:

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FTC Fires Warning Shot over Apps that Can Listen to Your TV

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Pop-Ups Get Political: Publishers May Need to Think Twice Before Detecting Ad Blockers

As publishers turn from print to digital and rely on online ad sales, some websites now prevent readers from viewing content if they have an ad blocker enabled. Alexander Hanff, a privacy activist and CEO of Think Privacy, has launched a campaign to “name and shame” publishers using these methods. The campaign announcement comes days after the European Commission stated in a letter addressed to the activist that ad blockers can be illegal and in breach of EU privacy rules. 

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Sarah Bruno and Anthony Lupo to Speak at 2016 Legal & Regulatory Conference

Partners Sarah Bruno and Anthony Lupo will speak on a panel at the 2016 Legal & Regulatory Conference hosted by the Personal Care Products Council.

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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.