It is natural for businesses to be concerned about the security of their premises and to explore new technologies that can help mitigate health and safety risks related to that security. As retailers get back to business in the United States, the laws implicating biometrics and the increase in use cases for biometric technologies have
The power of AI: How it can combat new issues raised by the novel coronavirus (COVID-19)
Artificial intelligence, or AI, has the ability to process large sets of data. The term “AI” describes algorithms that can be taught to identify patterns or predict outcomes. If the algorithm is primed with a teaching set of data, then it can evaluate new sets of data based on the desired outcome. AI has been
Never forget a face: Potential impact of facial recognition and biometrics on the real estate world in response to COVID-19
The use of facial recognition and other biometric technologies by businesses, retailers, and landlords continues to grow and has found a new application in response to the COVID-19 pandemic. Proper implementation and management of these technologies can help increase security and limit physical contact. Real estate management firms and various businesses may be able
California relaxes key telehealth regulatory requirements during COVID-19 emergency
On March 17, 2020, the federal government relaxed a number of telehealth-related regulatory requirements due to COVID-19. On April 3, 2020, California Governor Gavin Newsom issued Executive Order N-43-20 (the Order), which relaxes various telehealth reporting requirements, penalties, and enforcements otherwise imposed under state laws, including those associated with unauthorized access and disclosure of personal information through telehealth mediums.
As stated in the Order, which became effective immediately, telehealth services may help reduce the spread of COVID-19, and strict compliance with certain state telehealth requirements would otherwise “prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.” The Order impacts certain health care facilities, health care providers, health care administrators, clinics, home health agencies, and hospice providers, generally in instances where non-compliance occurs during the “good faith provision of telehealth services.”Continue Reading California relaxes key telehealth regulatory requirements during COVID-19 emergency
FCC issues guidance on the TCPA’s “emergency purposes exception” based on the COVID-19 pandemic
The Telephone Consumer Protection Act (the TCPA) restricts telemarketing and the use of automated telephone equipment for phone calls, faxes, and text messages. The TCPA provides a private right of action and significant statutory penalties, and therefore is an area of significant risk for any company that communicates with its customers, particularly by phone or text. In an effort to ease restrictions in light of the COVID-19 outbreak, the Federal Communications Commission (FCC) has issued guidance clarifying that informational calls that are directly related to the imminent health or safety risk arising out of the COVID-19 outbreak and made by certain types of callers are exempt from the TCPA requirements under the “emergency purposes exception.”
Under the TCPA, telemarketers are required to obtain prior express written consent before making calls to landline or wireless phones with prerecorded telemarketing messages and before using an automatic telephone dialing system (ATDS) to call or text any wireless phones with telemarketing messages.
Notably, the TCPA expressly excludes calls made for “emergency purposes,” from the Act, including “calls made necessary in any situation affecting the health and safety of consumers.” This exception is intended for situations posing “significant risks to public health and safety” where the use of such calls could “speed the dissemination of information regarding” such risks or conditions.Continue Reading FCC issues guidance on the TCPA’s “emergency purposes exception” based on the COVID-19 pandemic
U.S. data privacy considerations in the time of COVID-19
As businesses and individuals across the globe struggle to adapt to a new normal of remote work and social distancing due to the COVID-19 (a/k/a novel coronavirus) pandemic, they should also be aware of a number of U.S. data privacy and data security implications arising from these changes. In addition, businesses must be cognizant of
California legislature proposes ‘urgency statute’ to revise CCPA’s health care and research exemptions
As currently drafted, the California Consumer Privacy Act (“CCPA”) leaves many questions unresolved regarding how the law applies to data collected and used in the health care and life sciences industries, particularly in the research context. Clinical research sponsors and other industry participants have raised concerns about how the CCPA may impede care delivery and
Circuit split on automatic telephone dialing systems under the TCPA reinforces importance of obtaining prior express written consent
A federal court in Missouri recently held that a restaurant’s promotional text messages did not violate the Telephone Consumer Protection Act (TCPA) because the messaging equipment used by the restaurant did not qualify as an automatic telephone dialing system (ATDS) as defined by the statute. The district court noted a split between the circuit courts
California Attorney General issues revised draft regulations with key changes for regulated businesses
The public spoke and the California Attorney General (AG) listened. Nearly four months after releasing initial proposed CCPA regulations, the California AG has issued a revised draft addressing many of the comments and concerns of both industry and privacy attorneys. Although the structure and fundamental principles have not changed, the revisions will impact most CCPA
New year, new laws: Washington re-introduces comprehensive privacy act among flurry of 2020 consumer privacy bills
Washington state’s lawmakers started the 2020 legislative session with a renewed focus on consumer privacy through the introduction of ten privacy-related bills across the state House and Senate on January 13. Chief among these proposals was the comprehensive Washington Privacy Act (WPA), a new version of which was re-introduced in the Senate after the previous bill died in the House in 2019. The WPA continues to draw comparisons to the now-effective California Consumer Privacy Act (CCPA), and the EU’s General Data Protection Regulation (GDPR). It borrows the concepts of data controllers and processors from the GDPR and the right to opt out of personal data sales from the CCPA, among other similarities between these forerunners of far-reaching privacy regulation. In addition to the new version of the WPA, Washington’s House introduced nine accompanying bills covering various aspects of consumer privacy, including: (i) granting more rights over biometrics (for which Washington has an existing law); (ii) artificial intelligence in employment decisions; (iii) requiring transparency over device connectivity; (iv) mandating notice and consent for voice data collection; and (v) strengthening oversight through the state’s chief privacy officer. Each of these bills highlights various isolated issues that would complement the foundational framework for data protection that the WPA proposal seeks to establish.
Continue Reading New year, new laws: Washington re-introduces comprehensive privacy act among flurry of 2020 consumer privacy bills