Continued Special Privacy Treatment for Substance Use Disorder Information

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The Senate Health, Education, Labor and Pensions Committee recently passed the Opioid Crisis Response Act of 2018 (OCRA) – a bipartisan package of more than 40 proposals designed to help families and entire communities affected by the nation-wide opioid crisis.

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SEC Cyber Unit Brings Groundbreaking Data Breach Case

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The Securities and Exchange Commission (SEC) announced its most significant case ever filed against a respondent for one of the world’s largest data breaches. Albata, Inc., f/d/b/a Yahoo! Inc., (“Yahoo”) settled with the SEC to charges of violating Section 17(a)(2) and 17 (a)(3) of the Securities Act of 1933 (“Securities Act”), amongst other charges, and agreed to various remedies, including a $35 million penalty.

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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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FTC Announces Expanded Settlement with Uber

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The FTC withdrew its August 2017 administrative complaint and proposed consent agreement with Uber Technologies, Inc. (Uber) and issued a revised complaint against Uber Technologies, Inc. Uber has accepted a revised proposed consent agreement which will be subject to public comment for 30 days.

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U.S. Congress Approves CLOUD Act for Data Stored Overseas

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On March 23, 2018, Congress passed the “Clarifying Overseas Use of Data Act,” also known as the “CLOUD Act” (H.R. 4943, S. 2383), a new U.S. law that will have a dramatic effect on the United State government’s control over and access to data stored overseas.  The CLOUD Act was introduced to the U.S. Senate and House of Representatives on February 6, 2018, as part of a $1.3 trillion omnibus spending bill.  The bill passed both houses of Congress on March 23, 2018, and was signed into law by the President the next day.

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Data Breach Notification Laws Now Enacted in All 50 States

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South Dakota and Alabama are the last of the 50 states to have enacted breach notification laws, along with Washington, D.C., Guam, Puerto Rico and the Virgin Islands. South Dakota became the 49th state to enact a data breach notification law when Governor Dennis Daugaard signed Senate Bill 62 into law on March 21. It goes into effect on July 1, 2018. On March 28, 2018, Alabama Governor Kay Ivey signed into law Alabama Senate Bill 318, effective May 1, 2018. Below are the parameters of these new data breach notification laws.

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