On December 28, 2016, the FDA’s Center for Devices and Radiological Health (CDRH) released the final version of its guidance addressing “Postmarket Management of Cybersecurity in Medical Devices: Guidance of Industry and Food and Drug Administration Staff”. This guidance applies
Data Privacy & Security Observer
Legal Developments and Thought Leadership in Data Privacy and Cyber Security
The Data Privacy & Security Observer, published by Balch & Bingham LLP, focuses on legal developments and regulatory updates related to data privacy, cybersecurity, and information security. The blog covers state and federal privacy laws, including comprehensive state privacy statutes and regulations governing consumer data rights, consent, and data processing obligations. It also addresses cybersecurity threats, advisories, and mitigation strategies, particularly those affecting critical infrastructure and operational technology. Additionally, the blog discusses emerging issues such as artificial intelligence governance, automated decision-making technology regulations, and compliance challenges for businesses and organizations.
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Kansas Federal District Court Rules Data Breach Allegations Sufficient for Standing After Spokeo
On December 19, 2016, the U.S. District Court for the District of Kansas denied a motion to dismiss, ruling that the named plaintiff for a putative class, approximately two thousand former and current employees whose personal information had been compromised…
Facebook to Stop Ads Targeting, Excluding Racial and Ethnic Groups
On November 11, 2016, Facebook announced to USA TODAY that it would no longer allow advertisers to exclude specific racial and ethnic groups when placing ads related to housing, credit or employment, according to a statement by Erin Egan, Facebook’s…
Standing on the Precipice: The Actual Injury Requirement After Spokeo
Courts and litigants find themselves standing on the precipice of Spokeo v. Robins, a monumental Supreme Court decision that could have potentially wide-ranging implications for data breach cases. Given the Court’s holding in Spokeo that a plaintiff must allege and…
FCC Adopts Privacy Rules Protecting Broadband and other Telecommunications Customers
On October 27, 2016, the FCC released rules to “empower consumers to decide how data are used and shared by broadband providers.” In the order, the FCC defines information protected under Section 222 for telecommunications carriers as “customer proprietary information…
NHTSA Releases Best Practice Guidelines for Vehicle Cybersecurity
After its recent release of guidelines regarding self-driving cars, the National Highway Traffic Safety Administration released a set of “best practices” for cybersecurity in vehicles. The 22-page document encourages auto manufacturers to proactively incorporation security in their efforts a…