EDPB Publishes Draft Guidelines on Tracking Technologies Under the ePrivacy Directive

By Cameron Cantrell

On Wednesday, November 15, 2023, the European Data Protection Board (“EDPB”) announced new draft guidance titled “Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive” (the “Guidelines”), which the EDPB says “aims to clarify which technical operations, in particular new and emerging tracking techniques, are covered by the Directive, and to provide greater legal certainty to data controllers and individuals.”

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Summary Chart of India’s Digital Personal Data Protection Act

By Alex Schlight

After 5-years of legislative back and forth, India passed its new comprehensive privacy law, the Digital Personal Data Protection (“DPDP”) Act, last month.

This week, India’s Minister of State for Electronics and IT said that companies will be given around a year’s time to comply with the Act (though certain organizations like small companies or start-ups may have more time). Given the number of important differences under the Act when compared to the EU’s GDPR or recent US state privacy laws, organizations should start working towards compliance with the Act now.

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FTC Orders Data Brokers to Pay $5.8 million for FCRA and FTC Act Violations

By Destiny Ginn

Under a proposed stipulated order dated September 11, 2023, background check providers, Instant Checkmate, TruthFinder, The Control Group media company, IntelicareDirect, and PubRec, will be required to pay $5.8 million for alleged violations of the Fair Credit Reporting Act (FCRA) for activities as consumer reporting agencies (CRA) and of the Federal Trade Commission Act (FTC Act) for deceptive activities.  

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Hintze Law Attorneys Mike Hintze and Jevan Hutson recognized by The Best Lawyers in America 2024

Hintze Law PLLC is delighted to announce that Mike Hintze, Member Partner, and Jevan Hutson, Associate, have been recognized by Best Lawyers®. Mike is recognized in The Best Lawyers in America® 2024 edition under the category of Information Technology Law and Technology Law for his work in privacy and data security. Jevan is recognized in the 2024 Best Lawyers: Ones to Watch in America for his work in Privacy and Data Security Law.

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Hintze Law Associate Jevan Hutson Recognized as Super Lawyer

Please join us in congratulating, Jevan Hutson, Associate at Hintze Law PLLC, for earning recognition as 2023 Washington Rising Star by Super Lawyers, part of Thomson Reuters. Jevan is a Certified Information Privacy Professional (CIPP) and Certified Information Privacy Manager and key member of Hintze’s Cybersecurity & Breach Response Group and the Artificial Intelligence and Machine Learning Group. His recognition stems in part from his role as a respected expert and thought leader on artificial intelligence (AI) and machine learning (ML) ethics, law, and policy.

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Hintze Law Receives DEI Roundtable Law Firm Diversity Award

By Ro Friend & Susan Hintze

Here at Hintze Law, we are thrilled and honored to announce that through a nomination by LinkedIn, we have been awarded the DEI Roundtable Law Firm Diversity Award for our commitment to diversity, equity, and inclusion. The DEI Roundtable consists of legal counsel from tech leaders AirBnB, ByteDance/TikTok, Google, LinkedIn, Meta, Microsoft, Snap, & ZenDesk and provides a platform for fruitful discussions about how we can collectively support and improve diversity in our community.

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FTC and HHS Warn Healthcare Providers about Risk of Tracking Technologies

By Sheila Sokolowski and Kate Black

In a joint letter sent to 130 hospital systems and telehealth providers, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services (HHS) warned health care providers, both those covered by HIPAA and those not, about their potential to violate the HIPAA Rules, FTC Act and FTC Health Breach Notification Rule (HBNR) when they use technology that tracks users’ activities on their websites and apps. 

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CA AG Investigative Sweep for Employer Compliance with CCPA

By Jennifer Ruehr

The California Attorney General announced on Friday, July 14 that it has initiated an investigative sweep of California employers’ compliance with the California Consumer Privacy Act (CCPA) as it applies to employees and applicants. This action serves as a reminder that organizations need to ensure that they have taken steps to comply with CCPA’s numerous requirements as they apply to employee and applicant personal information.

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Washington My Health My Data Act - Part 9: The Attorney General’s Guidance

By Mike Hintze

On Friday, June 30, the Washington State Office of the Attorney General (OAG) published its expected guidance on the Washington My Health My Data Act (MHMDA or the Act) in the form of seven “frequently asked questions.” Given the many ambiguities in the Act, this guidance has been eagerly awaited in the hope that it would provide some much-needed clarity.  And while it addresses one of the biggest areas of ambiguity and concern (the effective dates) and provides some useful insights into a handful of others, it, unfortunately, left many questions unanswered.

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