By Krishna A. Jani, Flaster Greenberg On Monday, June 1, federal lawmakers proposed the Exposure Notification Privacy Act (ENPA), a piece of bipartisan legislation aimed at protecting consumer privacy and promoting public health in the development of exposure notification technologies as a way to combat the spread of COVID-19. The legislation makes participation in
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By Jennifer K. Wagner, J.D., Ph.D The ongoing COVID-19 pandemic has raised its own set of data privacy and cybersecurity issues, as people turn to technological solutions to assist with the daunting task of quickly identifying cases of infection (despite persistent problems with availability of diagnostic and serologic testing) and stopping the spread of
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By Jennifer K. Wagner, J.D., Ph.D. On April 15, 2020, the Federal Trade Commission (FTC) published a notice of its intent to conduct a 10-year review of the Health Breach Notification Rule (HBN Rule) (85 FR 20889) and announced on May 8, 2020 that it would be requesting public comment. The comment period will
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By Mark L. Farina, Klineburger & Nussey Privacy policies, we have all seen them. Whether large booklets of small type, pop-up messages requiring an affirmative “click,” or long scrolling lists of dense text, their universal intent is to inform users about the collection and interaction of data they provide. For this article, “users” refers
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By Sara Beth A.R. Kohut, Young Conaway Stargatt & Taylor LLP The Supreme Court of Pennsylvania recently addressed the novel question of whether a person can be compelled to provide a password to allow law enforcement to access the contents of an encrypted device. Reversing an order of the Superior Court, the high court
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