In a decision issued last week that is being described by some as a “landmark,” Judge Koh of the Northern District of California denied a motion to dismiss a complaint filed against Google alleging that its Gmail service unlawfully intercepts the contents of emails sent by and to Gmail users. The case involves Google’s longstanding
September 2013
FDA Releases Final Mobile Medical Apps Guidance
Last week, the FDA released a final version of its guidance document, Mobile Medical Applications: Guidance for Industry and Food and Drug Administration Staff. For Chris Pruitt’s analysis of the guidance document on Covington’s InsideMedicalDevices blog, please click here.
EU Telecoms Regulation Proposals: Part 2 – New Consumer Rights
On 12 September, 2013, the European Commission formally adopted a proposal for a new Telecommunications Regulation (the “Regulation”). The Regulation would, if enacted, reform the European Union’s telecommunication rules, including in areas such as net neutrality, spectrum allocation, roaming charges, and consumer rights in mobile and telecoms contracts. The proposal is now being considered by…
Web Tracking, Profiling, Mobile Apps, Privacy Notices and More Effective International Enforcement Coordination Among Hot Topics of the 35th International Conference of Privacy Commissioners
The 35th International Data Protection and Privacy Commissioners Conference, which comprises national, regional and local data protection and privacy authorities from all five continents, convened in Warsaw last week. The Conference adopted a total of nine resolutions and a declaration, which is the highest number of resolutions since the Conference’s first annual meeting back…
The Unintended Consequences of Non-Disclosure Agreements
Non-disclosure or confidential disclosure agreements (“NDAs”) play an important role in the life science sector and are frequently used to allow parties to disclose information to each other as a prelude to a larger corporate or commercial transaction. The English courts have recently given us a timely reminder of the care that needs to be…
New Offline Tracking Methods Come to Airports
By Nigel Howard
While online “tracking” using cookies, web beacons, and similar technologies has captured the attention of regulators and the plaintiffs’ bar over the last decade, recent articles in Forbes and the New York Times make clear that offline tracking is also evolving. Using technological methods beyond the traditional loyalty program, this new offline tracking has potential…
CA Governor Signs Bill Providing Online Protections For Minors
Earlier this month, we blogged about the California Senate’s passage of the bill titled “Privacy Rights for California Minors in the Digital World”, which prohibits certain targeted advertising to California minors and requires that minors be allowed to delete materials they have posted online. Yesterday, California Governor Jerry Brown signed the legislation, and it…
IRS Issues Special Administrative Procedures for DOMA Tax Refund Claims by Employers
The IRS issued a notice today setting forth special procedures by which employers may claim a refund of FICA taxes that were paid on employee benefits solely because of the application of the Defense of Marriage Act (“DOMA”). Section 3 of DOMA prohibited the IRS from recognizing same-sex marriages for federal tax purposes and was…
HHS Issues Guidance on Refill Reminders under HIPAA
On September 19, HHS released additional guidance on the “refill reminder exception” in HIPAA, which allows — in some circumstances — paid communications regarding a drug or biologic currently prescribed to a patient. Background In January 2013, HHS finalized new restrictions on marketing as part of the final omnibus rule implementing changes to HIPAA under…
Revised OECD Privacy Guidelines Strengthen Accountability Principle
The Organization for Economic Cooperation and Development (“OECD”) has revised its Guidelines governing the Protection of Privacy and Transborder Flows of Personal Data. The revision has been triggered by changes in personal data usage as well as new approaches to privacy protection since the adoption of the first Guidelines back in 1980, which were…