Scott Loughlin

Firm/Organization: Hogan Lovells

Latest Articles

Washington State to Try Again for a Comprehensive Privacy Law

By Mark Brennan, Scott Loughlin, Timothy Tobin, Bret Cohen, Melissa Bianchi & Filippo Raso

January 13, 2020

Washington State is already shaping up as a center of state privacy legislation for 2020. Last year, SB 5376 (also known as the Washington Privacy Act, or WPA) gained significant traction in the legislature, passing the state Senate almost unanimously but ultimately failing in the House due to discussions around facial recognition and compliance challenges. State Senator Reuven Carlyle (D), chair of the state’s Senate Energy, Climate & Technology Committee, has now released a revised…

HL Chronicle of Data Protection

The Results Are in: Modest Changes to CCPA Await the Governor’s Signature

By Timothy Tobin, Mark Brennan, Scott Loughlin & Jonathan Hirsch

September 25, 2019

Since the California Consumer Privacy Act’s (CCPA) hasty passage in June last year and minor changes last September, the CCPA has vexed businesses working on compliance. Among many practical challenges, the CCPA often includes inconsistent or ambiguous requirements that have been an obstacle to implementing clear compliance strategies. Businesses, some academics, and various legislators thought that further amendments were needed to make the CCPA work effectively and accomplish its objectives. Over the past several…

HL Chronicle of Data Protection

New Nevada Privacy Law With “Sale” Opt-Out Right Will Take Effect Before the CCPA

By Timothy Tobin, Mark Brennan, Scott Loughlin & Ryan Woo

June 3, 2019

Nevada has a new privacy law. On May 29, Nevada Governor Steve Sisolak signed Senate Bill 220 (SB-220) into law, making Nevada the first state to join California in granting consumers the right to opt out of the sale of their personal information. The act, which amends an existing online privacy notice law, is significantly narrower than the California Consumer Privacy Act (CCPA). It applies only to online activities, defines “consumer” and “sale”…

HL Chronicle of Data Protection

HIPAA Penalty Caps to Be Reduced and Tied to Culpability Level

By Marcy Wilder, Scott Loughlin, Paul Otto, Shee Shee Jin & Jonathan Hirsch

April 29, 2019

In a dramatic turn, the US Department of Health and Human Services (HHS) has announced that effective immediately, penalties for many HIPAA violations will be subject to substantially reduced limits. After a record year of collecting high-dollar settlements, the agency has pulled back and tied its own hands through a Notification of Enforcement Discretion that will likely result in lower penalties and settlement agreement amounts.…

HL Chronicle of Data Protection

California Consumer Privacy Act: The Challenge Ahead – CCPA and Employee Data

By Timothy Tobin, Scott Loughlin & Morgan Perna

October 26, 2018

This is the seventh installment in Hogan Lovells’ series on the California Consumer Privacy Act. The application of the California Consumer Privacy Act of 2018 (“CCPA”) to employee data has been the subject of much debate since the first version of the bill was introduced on June 21, 2018 (just days prior to its enactment on June 28). Under a plain language reading of the CCPA, the law likely applies to employee data. However, it…

HL Chronicle of Data Protection

California Consumer Privacy Act: The Challenge Ahead – Four Key Considerations for Health and Life Sciences Companies

By Scott Loughlin, Melissa Bianchi, Marcy Wilder & Alyssa Golay

October 8, 2018

This is the sixth installment in Hogan Lovells’ series on the California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (CCPA) adds another set of privacy requirements for health and life sciences companies. Managing the interaction of these new requirements with existing obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), California’s Confidentiality of Medical Information Act (CMIA), and other health privacy laws will continue to be an area of…

HL Chronicle of Data Protection

NIST Launches into the Internet of Things

By Scott Loughlin

August 13, 2014

This week, the National Institute of Standards and Technology (NIST) convened the first face-to-face meeting of the cyber-physical systems public working group (CPS PWG) to develop and implement a new cybersecurity framework dedicated to cyber-physical systems (CPS), also known as the “Internet of Things.” Companies developing products and services involving CPS may consider participating in the CPS PWG, as participation in webinars and meetings is open and intended to be convenient. The group’s efforts may…

HL Chronicle of Data Protection

Destroy Securely: Delaware Adopts New Data Destruction Law

By Scott Loughlin & Madeline Gitomer

August 8, 2014

Delaware recently adopted a new law that will add requirements related to the destruction of records containing “personal identifying information.” With that law, Delaware joined a number of other states that place restrictions on the ways in which entities destroy or dispose of personal information. The Delaware law will become effective January 1, 2015.…

HL Chronicle of Data Protection

Settlement for Failure to Scrub Data from Photocopier: A $1.2 Million Lesson Learned

By Scott Loughlin

August 16, 2013

The importance of implementing effective data tracking, security and vendor management programs continues to be reinforced. A reminder came again in the form of a recently-announced $1.2 million settlement between the Department of Health and Human Services Office for Civil Rights (OCR) and a New York health plan. In 2010, Affinity Health Plan self-reported a HIPAA breach of electronic patient records relating to 345,000 people. Those records were stored in the internal memory of digital…

HL Chronicle of Data Protection

ABA Commission Proposes Ethics Rule Requiring Adequate Data Security

By Scott Loughlin

May 14, 2012

Data protection long has been a legal responsibility for lawyers. The American Bar Association now is proposing to make clear that the protection of a client’s data is an ethical responsibility of the lawyer as well. The Commission on Ethics 20/20 of the American Bar Association released its Report to the House of Delegates recommending several modifications to the ABA Model Rules of Professional Conduct regarding lawyers’ use of technology and protection of client confidences. The proposals will be considered…

Scott Loughlin

Washington State to Try Again for a Comprehensive Privacy Law

The Results Are in: Modest Changes to CCPA Await the Governor’s Signature

New Nevada Privacy Law With “Sale” Opt-Out Right Will Take Effect Before the CCPA

HIPAA Penalty Caps to Be Reduced and Tied to Culpability Level

California Consumer Privacy Act: The Challenge Ahead – CCPA and Employee Data

California Consumer Privacy Act: The Challenge Ahead – Four Key Considerations for Health and Life Sciences Companies

NIST Launches into the Internet of Things

Destroy Securely: Delaware Adopts New Data Destruction Law

Settlement for Failure to Scrub Data from Photocopier: A $1.2 Million Lesson Learned

ABA Commission Proposes Ethics Rule Requiring Adequate Data Security

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