PH Privacy

Proposed “California Privacy Rights Act” Explained (with Redline)
The California Privacy Rights Act (the “CPRA”) has enough signatures to qualify for inclusion in California’s November 2020 ballot. Though we still await the California AG’s final regulations on the CCPA, the CPRA would build upon the CCPA to impose additional requirements.
COVID-19 UK: The UK ICO Publishes Anticipated Guidance on Workplace Testing
While COVID-19 continues to affect businesses and individuals globally, the conversation with respect to workplaces is starting to change. The rules of lockdown in most countries required (and continue to require) that, where possible, employees work from home: this saw a huge shift and adjustment in how organisations function and operate on a day-to-day basis. However with many countries now starting to look towards softening the lockdown rules, this has led to many employers questioning what steps they may and should take when their employees return to the workplace to ensure the spread of COVID-19 is limited. One such method of lowering the spread in the workplace which has received a lot of attention is workplace testing, particularly temperature testing. For some organisations, requiring employees to undergo anti-body testing may also be a consideration. Testing of any nature would almost certainly always require the employer to process the personal data of the employee with most instances also involving special category data i.e. health data, and therefore would be subject to the laws of data protection in the United Kingdom and European Union.
Seventh Circuit Lowers the Federal Standing Threshold for Illinois Biometric Privacy Act Claimants
This week, the Seventh Circuit Court of Appeals issued a decision that opens the door to more frequent federal court determination of statutory claims under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1–99 (“BIPA”)
COVID-19 – New Federal Data Protection Bill Introduced
The new bill will contain protections for the personal information that is particularly at issue given the COVID-19 pandemic, including health, geolocation, and proximity data with the ultimate goal of providing U.S. citizens with more transparency, choice, and control over the collection and use of their personal information holding businesses directly accountable to their consumers.
Cyber Threats for UK and US Healthcare Organisations: A Joint Advisory Update
Further to our recently published article, the NCSC and CISA have published another joint advisory detailing the ongoing COVID-19 related criminal cyber attacks (the “Advisory”).
Timeline for Selected Global Privacy Compliance Activities in Light of COVID-19
As COVID-19 continues to disrupt business operations and compel a significant shift to a remote work environment for companies globally, both industry and government interests continue to consider – and selectively revise – their approach to the rapidly changing privacy landscape. Specifically, privacy-related legislation has become an increased point of focus, with various proposals to change the implementation and enforcement of certain jurisdictional deadlines.
PH COVID-19 Client Alert Series: Relaxation of HIPAA Restrictions in the COVID-19 Era
As the nation races to identify treatments and a vaccine for COVID-19, enforcement of the privacy strictures of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) has been relaxed. In March, 2020, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced that OCR would exercise enforcement discretion to not impose penalties for HIPAA violations against healthcare providers treating patients through commonly used social media apps.
COVID 19: Best Practices for Videoconferences – Protecting the Privacy of Confidential Conversations
Recent news reports have emphasized that our private business and personal videoconference chats might not be as private and secure as we might think!
COVID-19: Business as Usual for Data Privacy Compliance in the UK and the EU?
COVID-19 has undoubtedly already had a massive effect on businesses: it has affected how they operate, where they operate and, in some unfortunate instances, whether they operate at all. But has it affected how they comply with the law?
Proposed Rules: California Releases Much Anticipated Revisions to CCPA Regulations
The California Attorney General has issued long-awaited modified proposed regulations (“Proposed Rules”) implementing the California Consumer Privacy Act of 2018 (“CCPA”) on February 7 and February 10, 2020, which contain a number of material modifications to the previously released October 2019 draft regulations.
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