Author: PBA Cybersecurity and Data Privacy

The Pennsylvania Cybersecurity and Data Privacy Committee analyzes cybersecurity issues and educates PBA members about legal, regulatory and industry standards that preserve the confidentiality of protected information.

FTC Issues Policy Statement Clarifying Data Privacy Obligations for Digital Health  

By Jennifer K. Wagner   On September 15, the Federal Trade Commission (FTC) issued a Policy Statement “On Breaches by Health Apps and Other Connected Devices,” the most recent step taken by the FTC to signal its interest in preventing abusive data practices and ensuring relevant consumer protections for digital health. This step came about
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FCRA Rule Changes Better Complement Dodd-Frank Act

By Anokhy Desai   On September 8, the Federal Trade Commission (FTC) approved “largely technical” changes to five Fair Credit Reporting Act (FCRA) rules that narrowed their scope to only apply to motor vehicle dealers, decreasing confusion for applicable entities that must look to the FTC or Consumer Financial Protection Bureau (CFPB) for guidance on
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Model Data Privacy Bill Approved: What the UPDPA Could Do for State Legislatures Across the Country

By Krishna Jani, Flaster Greenberg   In July 2021, the Uniform Law Commission (ULC) voted to approve the Uniform Personal Data Protection Act (UPDPA). The UPDPA is a model data privacy bill designed to provide a template for states to introduce to their own legislatures, and ultimately, adopt as binding law.   The UPDPA The
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Third Party’s Collection of Website Visitor Data Not Considered “Intercepted” Under New Pennsylvania WESCA Ruling

By Anokhy Desai   A few weeks ago, U.S. District Judge William Stickman IV of the Western District of Pennsylvania held that there was no interception of communication per the Pennsylvania Wiretapping and Electronic Surveillance Control Act (WESCA) when a third-party company collected data from a user’s browser as she visited another website, writing that
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A Cheat Sheet for Colorado’s Forthcoming New Privacy Act

By Joshua A. Mooney, Kennedys   The Colorado Privacy Act (“ColoPA” or “Act”) has been sent to Governor Jared Polis’s office to be signed into law, making Colorado the third state to enact comprehensive privacy legislation (coming behind California and Virginia). Once signed, the Act will take effect on July 31, 2023. However, its requirements
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