Hopefully the Commission and FTC will make the entire agreement publicly available soon. When it is published, US companies should review the new Privacy Shield program carefully before deciding to commit to it. For companies that have already invested substantial time and effort in putting model clauses in place, it may not offer any advantages. Recall that most of the EU’s major trade partners don’t have a special agreement with the EU, and presumably rely on the most part on the model clauses, BCRs and consent. While the model clauses and BCRs are under review by the Article 29 Working Party, the Commission’s new findings concerning the non-existence of indiscriminate mass surveillance by the US will make it harder to attack the model clauses and BCRs. … [Read more...] about Commission Press Release Outlines New EU-US “Privacy Shield”
Internet press release
As we’ve previously discussed, entities covered by HIPAA must train their workforce and develop policies and procedures on permissible uses and disclosures of protected health information (PHI). This settlement highlights the need for such training and policies and procedures with respect to disclosures of PHI to the media and law enforcement in particular. Entities covered by HIPAA should ensure that their workforce understands when disclosures to law enforcement are permissible but that permissible disclosures to law enforcement do not allow the entity to use or disclosure PHI in an otherwise impermissible manner. Furthermore, such entities should have policies in place that prohibit anyone from providing comments about patient matters to the media unless such comments have been reviewed and approved by the Privacy Officer or another individual in charge of HIPAA-related matters. … [Read more...] about Memorial Hermann’s Use of Patient Name in Press Release Leads to $2.4 Million HIPAA Settlement
Defense counsel for an Alabama pharmacy owner facing criminal charges for allegedly violating Medicaid rules have taken the unusual tack of asking a federal judge in Mobile to order the U.S. Attorney’s office to take down an online press release. … [Read more...] about Defense Counsel Asks Judge to Order US Attorney to Remove Press Release from Website
The press release said the conservative-leaning Koch Industries is cutting off support for groups opposing global-warming claims, the New York Times Green blog reports. It was posted on a Web address similar to the one used by Koch Industries. The company’s lawsuit (PDF), filed late last month, claims misappropriation of intellectual property, cybersquatting and unfair competition, the story says. … [Read more...] about Koch Industries Sues over Fake Press Release; Does First Amendment Protect Pranksters?
Hours after Armstrong filed an 80-page suit against the U.S. Anti-Doping Agency, U.S. District Judge Sam Sparks of Austin dismissed it. Sparks said the suit seeking to block the group’s pursuit of doping charges contained “allegations” (Sparks included the quotation marks) that were “wholly irrelevant to Armstrong’s claims.” Indeed, Sparks wrote, “vast swaths” of the complaint could be eliminated without any loss of legally relevant information. … [Read more...] about Judge Quickly Tosses Lance Armstrong’s Suit, Says Complaints Aren’t Press Releases