DOJ White Paper Answers Questions about the Scope and Applicability of the CLOUD Act

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Last year Congress enacted the CLOUD Act (the Clarifying Lawful Overseas Use of Data Act) to clarify the means for foreign legal authorities to access electronic information held by U.S.-based global providers. The U.S. Department of Justice (DOJ), in April 2019, issued a White Paper entitled “Promoting Public Safety, Privacy, and the Rule of Law Around the World: The Purpose and Impact of the CLOUD Act.” This White Paper lays out the policy and legal reasons for enactment of the CLOUD Act, and explains how the CLOUD Act overlays and interacts with existing laws and established inter-governmental practices.

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New Washington State Privacy Bill Incorporates Some GDPR Concepts

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A new bill, titled the “Washington Privacy Act,” was introduced in the Washington State Senate on January 18, 2019. If enacted, Washington would follow California to become the second state to adopt a comprehensive privacy law.

Similar to the California Consumer Privacy Act (CCPA), the Washington bill applies to entities that conduct business in the state or produce products or services that are intentionally targeted to residents of Washington and includes similar, though not identical size triggers. For example, it would apply to businesses that 1) control or process data of 100,000 or more consumers; or 2) derive 50 percent or more of gross revenue from the sale of personal information, and process or control personal information of 25,000 or more consumers. The bill would not apply to certain data sets regulated by some federal laws, or employment records and would not apply to state or local governments.

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California Lawmakers to Consider Technical Amendments to the California Consumer Privacy Act

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The California legislature will consider technical amendments to the California Consumer Privacy Act (CCPA), S.B. 1121, by August 31, 2018, which is the deadline in the current legislative session for bills to be passed by the legislature.

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Digital Medicine: Health Care Providers’ Side of the Story

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Health care technology, particularly digital medicine, promises great new capabilities that will improve outcomes and reduce overall costs and time constraints. Digital medicine encompasses a broad-range of technologies, from technologies used to record, retain, and manipulate health data (i.e., Electronic Health Records aka., EHRs) and thereby make it more useable and amenable to analysis; to actual tools in clinical care (i.e., medical imaging, wearable sensors) that can measure physiological parameters or patient activity and facilitate clinical care and decision-making.

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Mobile Phone Maker BLU Products Settles with FTC Resolving Allegations of Lax Data Security Practices

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Mobile phones are ubiquitous extensions of our personal and professional lives and few think deeply about the tangled webs of software and hardware providers that formulate components to mobile phone fabricators.  However, the Federal Trade Commission’s recent settlement with BLU Products represents an important reminder of the importance of appropriate vendor oversight in all phases of the manufacturing and sales process.

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Head of DOJ Antitrust Division Addresses Implications of Data Privacy in the Era of Big Data

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Assistant Attorney General of the U.S. Department of Justice (DOJ), Antitrust Division, Makan Delrahim recently spoke at the University of Chicago’s Antitrust and Competition Conference and discussed how U.S. antitrust law should treat “big data.”  According to Delrahim, antitrust law is “flexible enough to address competition issues from emerging platforms,” including large tech companies like Google and Facebook that possess significant market share within their lines of business and simultaneously aggregate vast sums of personal data from consumers.

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