Privacy & Information Security Law Blog

The EU-U.S. Safe Harbor Framework is an important cross-border data transfer mechanism that enables certified organizations to move personal data from the European Union to the United States in compliance with European data protection laws. Recently, however, the Safe Harbor’s future has been thrown into doubt. In an article published on October 30, 2013 by Practical Law, Lisa J. Sotto, partner and head of the Global Privacy and Cybersecurity practice at Hunton & Williams LLP, partner Bridget Treacy and associate Naomi McBride, examine the Safe Harbor Framework and its future ...

On December 18, 2013, the UK Information Commissioner’s Office (“ICO”) published its proposed strategy for handling complaints, stating that, beginning in April 2014, it will focus its efforts on the investigation of serious and repeat violations of data protection laws. The ICO also intends to publish regular reports highlighting the number of complaints it receives about organizations and enforcement actions it has taken. The ICO is seeking comments on the proposed strategy, which is explained in a public consultation document, before January 31, 2014.

In December 2013, the UK Information Commissioner’s Office (“ICO”) issued non-binding guidance aimed at app developers (the “Guidance”). The Guidance applies to all types of mobile devices, including smart TVs and video game consoles.

On December 31, 2013, the Federal Trade Commission announced that Accretive Health, Inc. (“Accretive”) has agreed to settle charges that the company’s inadequate data security measures unfairly exposed sensitive consumer information to the risk of theft or misuse. Accretive experienced a breach in July 2011 that involved the protected health information of more than 23,000 patients.

On December 26, 2013, the Department of Health and Human Services (“HHS”) announced a resolution agreement and $150,000 settlement with Adult & Pediatric Dermatology, P.C. (“APDerm”), a private dermatology practice based in Massachusetts, following a security breach that affected approximately 2,200 individuals. In connection with the announcement, the HHS Office for Civil Rights (“OCR”) Director Leon Rodriguez stated that “[c]overed entities of all sizes need to give priority to securing electronic protected health information.”

On December 10, 2013, a German data protection working group on advertising and address trading published new guidelines on the collection, processing and use of personal data for advertising purposes (the “Guidelines”). The working group was established by the committee of German data protection authorities (“DPAs”) and is chaired by the Bavarian DPA. The first set of guidelines were published in November 2012.

In recent months, the Chinese government has devoted attention to the protection of personal information with, as we previously reported, the promulgation of a number of new data protection regulations. This focus is also illustrated by recent actions related to crimes involving personal information.

On November 27, 2013, the State Post Bureau of the People’s Republic of China (the “SPBC”) released five draft normative rules for solicitation of public comment. Three of these rules, respectively entitled Provisions on the Management of the Security of Personal Information of Postal and Delivery Service Users (the “Draft Provisions”), Provisions on the Reporting and Handling of Security Information in the Postal Sector (the “Reporting and Handling Provisions”), and Provisions on the Management of Undeliverable Express Mail Items (the “Management Provisions”) contain significant requirements regarding the protection of personal information. The deadline for submitting comments on the rules is December 27, 2013.

On December 16, 2013, the United States District Court for the District of Columbia granted a preliminary injunction barring the federal government from collecting and analyzing metadata related to two consumers’ mobile phone accounts. The court held that the two individual plaintiffs were entitled to a preliminary injunction because they had standing to challenge the government’s data collection practices and were substantially likely to succeed on the merits of their claim. The court has stayed issuance of the injunction pending appeal to the D.C. Circuit Court.

On December 18, 2013, the White House published a report recommending reforms to the federal government’s wide-ranging surveillance programs. The voluminous report, entitled “Liberty and Security in a Changing World,” was authored by The Review Group on Intelligence and Communications Technologies, an advisory panel that includes experts in national security, intelligence gathering and civil liberties.