Behind the Scenes

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Behind the Scenes

Privacy & Security - US & Abroad

Arent Fox is on the cutting edge of privacy laws and has experience assisting clients with all aspects of privacy and data security. For example, we routinely assist companies with the development of an internal security protocol that meets the requirements of the applicable state and federal laws. In this regard, our practice groups have helped companies comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, the Gramm-Leach-Bliley Act (GLB), and the Children’s Online Privacy Protection Act (COPPA), as well as the Payment Card Industry Data Security Standard (PCI DSS) and related payment laws.

Our lawyers also routinely advise companies about online privacy, including providing advice on notification and consent, and when an opt-in is necessary, or merely suggested. In this capacity, we work with small and large businesses on their social media marketing to help them comply with all applicable rules, guidelines, and laws.

Finally, our team has notable experience with managing a reaction to a data breach, having been part of the response to one of the largest known data breach incidents. In this capacity, we assist with all aspects of the breach, including the consumer, regulator, and payment card industry notification procedures, and the compliance and protocol development after the incident.


Are Fitness Apps Fit for Privacy Protection?

* The following article was originally published by Healthcare Informatics. To read it on the Healthcare Informatics website, click here

Healthcare professionals who are in a position to recommend the use of fitness apps need to be aware that patients’ personal data can be used in ways that HIPAA would prohibit and that will surprise patients who are trying to be smart about fitness in a smartphone world.


Talking Drone Privacy & Security at the DRONEMASTERS MeetUp San Francisco

Partner Sarah Bruno will discuss "No Man’s Land: Top 5 Privacy & Security Challenges for Unmanned Systems" at the first US Meetup of Berlin-based DRONEMASTERS. Other topics for the evening include smart homes and drone ports, robotic aerial security, the commercial drone industry, and cross-border drone issues.

DRONEMASTERS MeetUps are an established series of events to network with startups, corporates, investors, public stakeholders and scientific institutions across all industries and branches.


Delivery By Drone? Maybe When Pigs Fly, Says FAA

What’s the News?

The enactment of new Federal Aviation Administration (FAA) regulations governing unmanned aircraft systems – or “drones” – has companies and consumers alike dreaming of the stuff of science fiction, but if the new regulations are any indication, the FAA is in no rush to see those dreams become reality. While the drone regulations permit use of drones for a variety of commercial purposes, the FAA declined to clear the way for package delivery by drone.


Spokeo and Concrete Harm: What It Means for E-Commerce, Privacy, and Security

*This article was originally published in E-Commerce Law Reports


FTC Flexes Security Muscles in ASUSTek Settlement & LabMD Reversal

What’s New?

The Federal Trade Commission asserted its data security authority in two recent back-to-back enforcement actions, only a day apart from each other.


Business Associates Beware! HHS Levies First HIPAA Fines on Business Associate

On June 24, 2016, the non-profit Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule with the U.S. Department of Health and Human Services (HHS). This is HHS’ first resolution agreement and monetary penalty against a business associate (BA) under HIPAA.


Beware of Ransomware, Or the Bad Guys Could Hold Your Devices and Data Hostage

What’s New?

Ransomware is old news – it has been around at least since 1989 – but it has only now started to attract widespread attention. Ransomware is a type of malicious software (or malware, for short) that blocks access to the infected device, to some or all of the information stored in the device, or even worse, to files in the device’s network. To unlock either the device or the data, the responsible cybercriminals require the victim to pay a ransom. Ransomware is typically enabled when a victim clicks on malicious links in an email or online.


What Global Fashion Companies Need to Know About the GDPR If They Collect EU Personal Data


Should Companies Use the Privacy Shield to Protect Against EU-US Data Transfer Risks?

What’s New?

After months of negotiations, it’s official: the EU-US Privacy Shield has been formally approved on both sides of the Atlantic, by the EU Commission and the US Commerce Department, despite concerns surrounding the adequacy of its earlier version.


Triple Threat: Chinese Ad Company’s Malware Raises Ad Fraud, Cybersecurity, and Privacy Concerns

What’s New?

Recent reports indicate that advertising fraud is not only increasing but is now being run by groups alongside otherwise legitimate advertising businesses. 
Cybersecurity company Check Point recently released a report finding that HummingBad—a known malware that takes over Android devices, generates fraudulent advertising revenue, and installs apps on the infected phones—was developed and is controlled by a group of cybercriminals within Yingmob, an otherwise legitimate advertising analytics business based in Beijing. 


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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.