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February 18, 2015 9:23 AM | Permalink |
Setting a new standard for encryption, New Jersey has enacted a new law (P.L. 2014, c. 88, codified at N.J. Stat. Ann. §§ 56:8-196 - 56:8-198) effective August 1, 2015, requiring health insurance carriers authorized to issue health benefits plans in New Jersey to encrypt personal information that they store electronically. read more
January 8, 2015 3:26 PM | Permalink |
In conjunction with Data Privacy Day, the next IAPP Privacy After Hours takes place on Wednesday, January 28 and you're invited! read more
December 22, 2014 9:48 AM | Permalink |
The privacy headlines this year have been predominantly grabbed by Google Spain, a judgment given in May 2014 (reported here) by the Court of Justice of the European Union (CJEU) which held that Google was subject to European data protection laws and must observe the right of its data subjects in the EU to be ‘forgotten’ from its search engine results. read more
December 10, 2014 8:55 AM | Permalink |
The EU Council of Ministers made progress on 4 December 2014 on the draft Data Protection Regulation (the “Regulation”), agreeing a partial general approach on data processing in the public sector. This would allow for some flexibility in the application of the Regulation by each Member State as set out in Articles 1, 6(2), 6(3), 21 and Chapter IX in limited circumstances.  read more
December 8, 2014 8:53 AM | Permalink |
We commented on the ‘right to be forgotten’ judgment in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos in May earlier this year. The ruling granted data subjects the right to request search engines to remove links appearing in search results based on a person’s name, under certain conditions. read more
November 21, 2014 10:08 AM | Permalink |
Arthur Harding
Last night, the Senate approved the STELA Reauthorization Act of 2014, a day after it was passed by the House. read more
November 20, 2014 10:12 AM | Permalink |
Arthur Harding
On Wednesday, November 19, 2014, the House of Representatives passed H.R. 5728, a revised bill reauthorizing the Satellite Television Extension and Localism Act of 2010 (STELA). In addition to extending the expiring STELA provisions for another five years, the bill, which is entitled the STELA Reauthorization Act of 2014 (STELAR), takes a number of other actions on matters of interest to the cable, satellite and broadcast industries, including market modifications, retransmission consent negotiations (including the “good faith” standard), integrated set-top boxes, the compulsory license for LPTV station carriage, small system effective competition showings, and broadcast ownership limits. The bill now moves to the Senate, where it is hoped it will be acted on before the end of the year.
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October 24, 2014 10:35 AM | Permalink |
Arthur Harding, Glenn Pudelka
In the latest, but not unexpected, development in the ongoing Aereo saga, the United States District Court for the Southern District of New York has rejected Aereo’s contention that it is a “cable system” eligible for the Copyright Act’s cable compulsory license and has granted the broadcast plaintiffs’ request that a nationwide preliminary injunction be entered against Aereo’s retransmission of over-the-air television programming while that programming is still being broadcast. read more
October 20, 2014 8:23 AM | Permalink |
Arthur Harding
The FCC has released the Second Quarter 2014 Inflation Adjustment Factor for cable operators using FCC Form 1240 to calculate the maximum permitted basic service tier rate.  read more
October 13, 2014 11:36 AM | Permalink |
The Article 29 Data Protection Working Party, an independent advisory body on data protection and privacy set up under Directive 95/46/EC, last month released its approach to the effects of the Court of Justice of the European Union ‘right to be forgotten’ ruling, which recognised the right of individuals to have certain links (namely, those which can be considered inadequate or irrelevant) removed from search engine results. read more
October 2, 2014 8:16 AM | Permalink |
Arthur Harding
As expected, the FCC has voted unanimously to repeal the cable and DBS “sports blackout rule.” The repeal of the sports blackout rule had been proposed by a group representing sports fans and had garnered support from a number of elected officials. In reality, however, the repeal of the rule is unlikely to have any immediate impact on cable and DBS providers or on the availability of sports programming on television.  read more