Rebecca Yergin

February 8, 2021, Covington Digital Health

The Federal Trade Commission (“FTC”) announced this month a proposed settlement against Flo Health, Inc. (“Flo”), the developer of popular menstrual cycle and fertility-tracking application (the “Flo App”), resolving allegations that “the company shared the health information of users with outside data analytics providers after promising that such information ...

January 8, 2021, Covington Alert

For several years, mobile health and wellness applications (“digital health apps”) have grown in scale and popularity. A global pandemic in 2020 further accelerated the trend, with increased demand for remote monitoring and communication platforms, as well as new methods for wellness and disease prevention. In parallel, there were a number of important U.S. ...

December 23, 2020, Inside Tech Media

Connected and automated vehicle (“CAV”) developments in Washington are likely to pick up speed as 2021 rolls in. Indeed, a new presidential administration, new agency leadership, and a new Congress may drive new CAV regulation while also spurring innovation in an industry that many believe can enhance road safety, mobility, and accessibility. For instance, John ...

December 21, 2020, Covington Digital Health

On December  10, 2020, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) issued a proposed rule to modify the Standards for the Privacy of Individually Identifiable Health Information (the “Privacy Rule”) promulgated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health ...

January 2021, Privacy & Cybersecurity Law Report

October 16, 2020, Covington Digital Health

California Attorney General Xavier Becerra (“AG”) announced in September a settlement against Glow, Inc., resolving allegations that the fertility app had “expose[d] millions of women’s personal and medical information.”  In the complaint, the AG alleged violations of certain state consumer protection and privacy laws, stemming from privacy and security ...

October 6, 2020, Covington Digital Health

In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU). There has been some policy activity in the U.S. this quarter, including the re-introduction of the SELF-DRIVE ...

October 6, 2020, Inside Tech Media

In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU). There has been some policy activity in the U.S. this quarter, including the re-introduction of the SELF-DRIVE ...

October 6, 2020, Inside Privacy

In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU). There has been some policy activity in the U.S. this quarter, including the re-introduction of the SELF-DRIVE ...

August 13, 2020, Inside Privacy

Today, the California Senate Judiciary Committee will consider AB 1281, which would extend the California Consumer Privacy Act’s (CCPA) business-to-business and employment exemptions until January 1, 2022, in the event that the pending ballot initiative—which also would extend the exemptions—does not pass this November. In addition, the Committee will consider ...

July 23, 2020, Covington Digital Health

On July 13, 2020, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule revising the Confidentiality of Substance Use Disorder Patient Records regulations located at 42 C.F.R. Part 2, commonly referred to as “Part 2.”  Under Part 2, federally assisted substance use disorder ...

July 17, 2020, Inside Tech Media

In this update, we detail the key legislative updates in the second quarter of 2020 related to artificial intelligence (“AI”), the Internet of Things (“IoT”), cybersecurity as it relates to AI and IoT, and connected and automated vehicles (“CAVs”). The volume of legislation on these topics has slowed but not ceased, as lawmakers increasingly focus...… Continue ...

June 26, 2020, Covington Alert

On June 15, 2020, U.S. Secretary of Transportation Elaine Chao announced the launch of the National Highway Traffic Safety Administration’s (“NHTSA”) Automated Vehicle Transparency and Engagement for Safe Testing (“AV TEST”) Initiative, a voluntary data-sharing initiative intended to improve safety, testing, and transparency of automated vehicle (“AV”) ...

May 30, 2020, Inside Tech Media

The COVID-19 pandemic has created both speed bumps and accelerants for connected and automated vehicle (“CAV”) developments in the United States.  In our Quarterly Update earlier this month, we covered recent legislative and regulatory activity around CAVs, both specifically targeted efforts and those impacting AI and IoT technologies generally.  Although some ...

May 12, 2020, Inside Tech Media

Though it seems like the distant past now, in this update we detail the notable legislative events from the first quarter of 2020 on artificial intelligence (“AI”), the Internet of Things (“IoT”), cybersecurity as it relates to AI and IoT, and connected and autonomous vehicles (“CAVs”). Prior to the slowdown in non-COVID related legislation that...… Continue ...

April 20, 2020, Inside Tech Media

The wheels continue to turn with the National Highway Traffic Safety Administration’s (“NHTSA”) efforts to modernize vehicle safety standards, including for connected and automated vehicles (“CAVs”). Most recently, NHTSA issued a Notice of Proposed Rulemaking (“NPRM”), seeking public comment on its endeavors “to improve safety and update rules that no longer ...

April 3, 2020, Inside Privacy

On April 2, 2020, the U.S. Department of Health and Human Services (“HHS”) issued a Notification of Enforcement Discretion (the “Notification”) regarding the disclosure of protected health information (“PHI”) to public health authorities and use of PHI to perform analytics for such authorities.  Designed to “facilitate uses and disclosures for public health and ...

April 3, 2020, Covington Digital Health

On April 2, 2020, the U.S. Department of Health and Human Services (“HHS”) issued a Notification of Enforcement Discretion (the “Notification”) regarding the disclosure of protected health information (“PHI”) to public health authorities and use of PHI to perform analytics for such authorities.  Designed to “facilitate uses and disclosures for public health and ...

March 10, 2020

WASHINGTON—Covington is assisting Veritas Capital with its acquisition of DXC Technology’s U.S. State and Local Health and Human Services business in a deal valued at $5 billion. The transaction is expected to close no later than December 2020, subject to the satisfaction of customary closing conditions. DXC Technology’s U.S. State and Local Health and Human ...

May-June, Journal of Robotics, Artificial Intelligence & Law

January 24, 2020, Inside Tech Media

U.S. federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the fourth quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our fourth AI...… Continue ...

January 21, 2020, Inside Tech Media

This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary of Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.”  Formally entitled, “Ensuring American Leadership in Automated Vehicle ...

October 22, 2019, Inside Tech Media

Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the third quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI &...… Continue ...

July 18, 2019, Inside Tech Media

Federal and state policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing both substantive measures that would regulate the use of the technology and by supporting funding bills aimed at increasing investment. In our second AI & IoT Quarterly Legislative ...

May 1, 2019, Inside Tech Media

Federal and state policymakers introduced a range of new measures on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the first quarter of 2019. In our initial AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT,...… Continue Reading

April 23, 2019, Inside Tech Media

From the Federal Communications Commission (“FCC”) to Congress to the White House, the federal government has continued to push the importance of investment and innovation in fifth-generation (“5G”) wireless technology. This push bodes well for the many industries that rely on the Internet of Things (“IoT”), such as transportation, healthcare, and ...

March 6, 2019, Inside Privacy

On February 27, 2019, Covington hosted its first webinar in a series on connected and automated vehicles (“CAVs”).  During the webinar, which is available here, Covington’s regulatory and public policy experts covered the current state of play in U.S. law and regulations relating to CAVs.  In particular, Covington’s experts focused on relevant developments in: ...

March 5, 2019, Inside Tech Media

On February 27, 2019, Covington hosted its first webinar in a series on connected and automated vehicles (“CAVs”).  During the webinar, which is available here, Covington’s regulatory and public policy experts covered the current state of play in U.S. law and regulations relating to CAVs.  In particular, Covington’s experts focused on relevant developments in: ...

February 20, 2019, Inside Privacy

One week from today, Covington will host its first webinar in a series on connected and automated vehicles (“CAVs”). The webinar will take place on February 27 from 12 to 1 p.m. Eastern Time. During the webinar, Covington’s regulatory and legislative experts will cover developments in U.S. law and regulations relating to CAVs. Those topics...… Continue Reading

February 20, 2019, Inside Tech Media

One week from today, Covington will host its first webinar in a series on connected and automated vehicles (“CAVs”).  The webinar will take place on February 27 from 12 to 1 p.m. Eastern Time. During the webinar, Covington’s regulatory and legislative experts will cover developments in U.S. law and regulations relating to CAVs. Those topics...… Continue Reading

February 8, 2019, Inside Tech Media

On Tuesday, President Donald Trump used his State of the Union address to reinforce the need for legislation to update the nation’s infrastructure. In the speech, he urged both parties to “unite for a great rebuilding of America’s crumbling infrastructure” and said that he is “eager to work” with Congress on the issue. Significantly, he...… Continue Reading

December 15, 2018, Covington Competition

Last month in In the Matter of 1-800 Contacts, Inc., the Federal Trade Commission (“FTC”) provided insight into the circumstances under which retail price competition may take place in the 21st century internet economy. In the Opinion authored by Chairman Joseph J. Simons (“Commission’s Opinion”) the Commission decided that 1-800 Contacts, the country’s largest ...

December 14, 2018, Inside Privacy

Last month in  In the Matter of 1-800 Contacts, Inc., the Federal Trade Commission (“FTC”) provided insight into the circumstances under which retail price competition may take place in the 21st century internet economy.  In the Opinion authored by Chairman Joseph J. Simons (“Commission’s Opinion”) the Commission decided that 1-800 Contacts, the country’s ...

November 30, 2018, Inside Tech Media

The Federal Communications Commission (“FCC”) has a key role to play in driving the development of connected and automated vehicles (“CAV”) technology. As we explained in a recent CAV IoT Update, the FCC has been studying the risks associated with specific CAV technologies that could provide unique channels for potential cyberattacks. This post examines the...… ...

June 30, 2017, Inside Privacy

On June 28, 2017, The Federal Trade Commission and the National Highway Traffic Safety Administration (NHTSA) hosted a workshop  to examine the consumer privacy and security issues that automated and connected motor vehicles pose.  The workshop’s Public Notice, which solicited comments from stakeholders in advance of the event, highlighted the benefits that ...

June 20, 2017, Inside Privacy

Members of Congress are gearing up for national laws on autonomous vehicles. Last week in the Senate, John Thune (R-S.D.), Gary Peter (D-Mich.), and Bill Nelson (D-Fla.) released a list of principles for bipartisan legislation in advance of a hearing they convened on June 14, 2017, entitled “Paving the Way for Self-Driving Vehicles.”  In the...… Continue Reading

June 14, 2017, Inside Privacy

The Article 29 Working Party (“WP29”), a group consisting of representatives from each European data protection authority, the European Data Protection Supervisor, and the European Commission, yesterday issued a press release detailing its recommendations for the first Annual Joint Review of the EU-U.S. Privacy Shield (“Privacy Shield”), which will take place in ...