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May 18, 2023 - R+C Newsletter

Data Privacy + Cybersecurity Insider

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CYBERSECURITY

CISA Issues Three Advisories for Industrial Control Systems

On May 16, 2023, the Cybersecurity & Infrastructure Security Agency (CISA) released three advisories applicable to Industrial Control Systems (ICS). The alerts cover vulnerabilities of Snap One OvrC Cloud, Rockwell ArmorStart, and Rockwell Automation Factory Talk Vantagepoint. Read more


ARTIFICIAL INTELLIGENCE

IP Challenges and Risks Unique to AI – Part II

Part I of this two-part post focused on new challenges in IP procurement for businesses using AI for innovation. This second and final post will identify potential risks of IP infringement, and some additional considerations. Read more

AI and Antitrust - When Does an Algorithm Become an Agreement?

This blog post is the first in a three-part series exploring the intersection between AI and antitrust.

The first blog post in this series discusses the U.S. Department of Justice, Antitrust Division’s (Division) first criminal antitrust case involving the use of AI. The second part, which will be published next week, summarizes the FTC’s and Division’s positions on AI, collusion and unlawful agreements among competitors, and offers proactive measures that companies can take to avoid government inquiries and/or liability. Read more


ENFORCEMENT + LITIGATION

MedEvolve OCR Settlement for $350,000 due to Alleged Failures to Protect Data

On May 17, 2023, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a settlement with MedEvolve, Inc. for $350,000. MedEvolve provides practice and revenue cycle management and practice analytics software services to health care entities. The settlement resulted from MedEvolve’s alleged violation of the Health Insurance Portability and Accountability Act (HIPAA) related to a data breach of the protected health information (PHI) of 230,572 individuals that occurred in 2018. The OCR alleged that MedEvolve failed to analyze and assess risks and vulnerabilities to electronic PHI and failed to enter into a business associate agreement with its subcontractor. Read more


DATA PRIVACY

Four More States Pass Consumer Privacy Statutes

Tennessee, Montana, Iowa, and Indiana have each recently passed a consumer privacy statute in recent weeks. These laws follow the same trend started by California’s Consumer Privacy Act by granting consumers the right to know whether a company is processing their data; the right to access that data, obtain a copy, and to have it deleted; and to opt out of the sale of personal data. Similar to Connecticut’s Data Privacy Act, which appears to be emerging as a new standard, these laws grant special protections to children’s data up to age 16. The three statutes additionally impose data security, use and collection limitations, and consumer disclosure requirements. Read more


DRONES

Drone Data Marketplace Assists in Assessing Flood Risk and Better Disaster Response

Globhe Drones, based in Sweden, provides a subscription model platform for businesses to access data from about 8,000 drone operators in 134 countries. Globhe’s drone data marketplace gathers aerial imagery and generates digital terrain models to assist in creating flood modeling. Users of the platform can order specific drone data missions from the marketplace almost instantly. Drones capture high-resolution data while leaving little to no carbon footprint during the operations. Read more


PRIVACY TIP #364

Regulating AI

This week’s Privacy Tip offers insight into the regulation of Artificial Intelligence (AI) and urges consumers to be well-informed about the technology. Read more