During the 2022 Federal Identity Forum & Exposition on Sept. 7, FinCEN acting Deputing Director Jimmy Kirby emphasized the importance of securing digital identity as “fundamental to the effectiveness” of every financial institution’s anti-money laundering/countering the financing of terrorism (AML/CFT)
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First CCPA Enforcement Action Shows Accepting User-Enabled Global Privacy Controls Is Mandatory
On Wednesday, August 24, 2022, the California Attorney General released a public statement addressing its first enforcement action under the California Consumer Privacy Act (“CCPA”) against Sephora. The Attorney General alleged that Sephora failed to disclose to consumers that it
HHS Issues New HIPAA Guidance on Audio-Only Telehealth Services
During the pandemic, audio-only telehealth was a critical tool to provide care to populations that could not use video during telehealth sessions, due to factors such as lack of financial resources, disability or lack of sufficient broadband coverage.
New HHS
DOJ and Aerojet Settle for $9 Million in Qui Tam Cybersecurity False Claims Act Case
On July 8, 2022, the U.S. Department of Justice announced a $9 million
settlement with federal government contractor Aerojet Rocketdyne, Inc. for
alleged violations of the False Claims Act in a case pending in the Eastern
District of California. The
OCR Seeks Input on “Recognized Security Practices” as Mitigating Factor for HIPAA and HITECH Fines
In 2021, the Health Information Technology for Economic and Clinical Health Act (HITECH) was amended to add “recognized cybersecurity practices” as a mitigating factor when determining fines, audits and remedies against covered entities and business associates for violations of the
Twitter Fined $150M for Violating FTC Order on Misrepresenting Privacy and Security Practices
On May 25, the Federal Trade Commission announced that it, along with the Department of Justice, fined Twitter $150 million for violating a 2011 agreement with the FTC in which Twitter promised to protect the integrity of nonpublic consumer information,
SEC Expands Enforcement Unit Tasked With Protecting Crypto Markets
Reflecting its determination to monitor the crypto markets, the U.S. Securities and Exchange Commission announced today that it was renaming the Cyber Unit the “Crypto Assets and Cyber Unit” and nearly doubling its size, from 30 to 50 members. The
TCPA Defendants Defeat Class Certification, Novel Autodialer Arguments; Lose Supreme Court Bid
Federal courts in recent Telephone Consumer Protection Act cases served up two victories and one disappointment for the defense. Siding with the defense, the 7th U.S. Circuit Court of Appeals ruled that defendants do not carry the burden of proof
New Utah Privacy Law Largely Overlaps with Existing State Statutes
The Utah Consumer Privacy Act (“UCPA”) passed by the Utah legislature was signed into law by Governor Spencer Cox on March 24, 2022 and becomes effective December 31, 2023. While companies conducting business in Utah will need to familiarize themselves
Senators Propose Commission on Health Data Use and Privacy Protection to Study Modernizing HIPAA
On Feb. 9, U.S. Senators Bill Cassidy and Tammy Baldwin introduced a bill that would create a Commission on Health Data Use and Privacy Protection to study the potential modernization of HIPAA. Introduction of the bill follows a recent trend