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Cristina Messerschmidt

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In response to the COVID-19 global pandemic, on March 17, 2020, the Office of Civil Rights (OCR) at the US Department of Health and Human Services (HHS), the agency charged with enforcing the Health Insurance Portability and Accountability Act of 1996 (HIPAA), issued the Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (“Guidance”). On March 20, OCR issued supplemental guidance on provision of telehealth services in the form…

With the world’s attention on the California Consumer Privacy Act (CCPA), it’s easy to overlook the privacy storm that is brewing throughout the rest of the country. As of February 10th, eleven other states (in addition to California and Nevada) have either released new or revived old data privacy and protection bills that did not pass during last year’s legislative sessions. Although the status of the majority of these bills is uncertain – as many…

In recent years, South Korea has become synonymous with some of the strictest data protection laws and regulatory requirements in the region. The laws are regulated by the Korea Communications Commission (KCC), the Ministry of the Interior and Safety (MOIS), and other sector-specific supervisory authorities. Recent amendments to these three laws have resulted in stricter penalties, as well as criminal prosecution for data security breaches. Privacy Officer found guilty of criminal negligence for failing to…

For many companies, January 1, 2020 became synonymous with the operative date of the California Consumer Privacy Act. However, manufacturers of Internet-connected devices must also keep in mind legislation that was signed into law on September 28, 2018 and became operative on January 1, 2020. This new law (2018 Cal. Legis. Serv. Ch. 886 (S.B. 327) (to be codified at Cal. Civ. Code ยง 1798.91.04(a)) (“IoT Law”) makes California the first state to specifically regulate…

The California legislative session ended with a bang on September 13, when legislators passed several noteworthy amendments to the California Consumer Privacy Act (CCPA). The California governor has until October 13 to act on these amendments. We have outlined below the amendments that materially alter the original scope or requirements of the CCPA and that will impact CCPA compliance activities for many organizations. Limited Personnel ExemptionAssembly Bill 25, the amendment exempting personal information collected from…