Amy C. Pimentel Amy C. Pimentel

Subscribe to Amy C. Pimentel's Posts
Amy C. Pimentel focuses her practice on privacy and data security and general health law. Her clients operate in a variety of industries, including health care, consumer products, retail, food and beverage, technology, banking and other financial services. Read Amy Pimentel's full bio.

The Department of Transportation Helps Clear the Road for Autonomous Vehicles

By , , and on Sep 27, 2017
Posted In Cybersecurity, Data Privacy, General Interest

The US Department of Transportation’s National Highway Traffic Safety Administration recently released A Vision for Safety 2.0, an update to its prior guidance on automated driving systems. The new guidance adopts a voluntary, flexible approach to regulation of automated driving systems and clarifies that it alone, and not the states, is responsible for regulating the...

Continue Reading

Regulating the Internet of Toys

By on Jul 28, 2017
Posted In Consumer Protection, Cybersecurity, Data Privacy, General Interest

New technologies and the expansion of the Internet of Things have allowed children of this generation to experience seamless interactive technologies through microphones, GPS devices, speech recognition, sensors, cameras and other technological capabilities. These advancements create new markets for entertainment and education alike and, in the process, collect endless amounts of data from children–from their...

Continue Reading

The TCPA: An Unexpected Deterrent to Patient Engagement Tools

By on Mar 31, 2017
Posted In Advertising & Marketing, Consumer Protection, General Interest, Telehealth, Text Messaging

In an age where providers are increasingly taking the management of their patient’s health online and out of the doctor’s office, the creation of scalable and nimble patient engagement tools can serve to improve patient experience, health care outcomes and health care costs. While the level of enthusiasm for these tools is at an all-time...

Continue Reading

ECJ Confirms Dynamic IP Address May Constitute Personal Data But Can Be Logged to Combat Cyberattacks

By and on Oct 31, 2016
Posted In Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield, General Interest

On 19 October 2016, the European Court of Justice (ECJ) held (Case C-582/14 – Breyer v Federal Republic of Germany) that dynamic IP addresses may constitute personal data. The ECJ also held that a website operator may collect and process IP addresses for the purpose of protecting itself against cyberattacks, because in the view of...

Continue Reading

The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk

By , and on Sep 6, 2016
Posted In Data Privacy, Data Transfers/Safe Harbor/Privacy Shield

The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to provide organizations on both sides of the Atlantic with a mechanism to comply with EU data protection requirements when transferring personal data...

Continue Reading

FTC Report Alerts Organizations about the Risks and Rewards of Big Data Analytics

By on Jan 25, 2016
Posted In Big Data, Consumer Protection, Data Privacy

On January 6, the Federal Trade Commission (FTC) released a report that it hopes will educate organizations on the important laws and research that are relevant to big data analytics. The report, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues, looks specifically at how big data is used after it is collected...

Continue Reading

Safe Harbor Update: European Commission Reaffirms Commitment to a Safe Harbor Sequel

By on Nov 6, 2015
Posted In Data Privacy, Data Transfers/Safe Harbor/Privacy Shield

As we reported on October 19th, the Article 29 Working Party on the Protection of Individuals with Regard to the Processing of Personal Data challenged the EU member states to “open discussions with the US” to find a viable alternative to the Safe Harbor program. Today, the European Commission (EC) issued a public statement confirming its commitment to...

Continue Reading

Safe Harbor Update: House Votes to Pass Judicial Redress Act

By on Oct 22, 2015
Posted In Consumer Protection, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield

The Judicial Redress Act of 2015 (H.R. 1428) (Judicial Redress Act) is on its way to the U.S. Senate. On October 20th, the U.S. House of Representatives voted in favor of passage. The Judicial Redress Act extends certain privacy rights under the Privacy Act of 1974 (Privacy Act) to citizens of the EU and other...

Continue Reading

Safe Harbor Update: Safe Harbor Sequel Coming Soon?

By on Oct 19, 2015
Posted In Data Privacy, Data Transfers/Safe Harbor/Privacy Shield

As we wrote on October 6, 2015, the Court of Justice of the European Union (CJEU) announced its invalidation of the U.S.-EU Safe Harbor program as a legally valid pathway for transferring personal data of European Union (EU) residents from the EU to the United States. An avalanche of reports, analyses and predictions followed the...

Continue Reading

California Joins Other States with the Passage of CalECPA

By on Oct 13, 2015
Posted In Data Privacy

Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and Virginia earlier in 2015—passed laws that limit law enforcement searches of electronic data. On October 9, 2015, California joined these states by passing...

Continue Reading