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Jayne Ponder is an associate in the firm's Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group. Jayne’s practice focuses on a broad range of privacy, data security, and technology issues. She provides ongoing privacy and data protection counsel to companies, including on topics related to privacy policies and data practices, the California Consumer Privacy Act, and cyber and data security incident response and preparedness.

Last week, Senators Amy Klobuchar (D-MN) and Lisa Murkowski (R-AK) introduced the Protecting Personal Health Data Act (S. 1842), which would provide new privacy and security rules from the Department of Health and Human Services (“HHS”) for technologies that collect personal health data, such as wearable fitness trackers, social-media sites focused on health data or conditions, and direct-to-consumer genetic testing services, among other technologies.  Specifically, the legislation would direct the HHS Secretary to issue regulations relating to the privacy and security of health-related consumer devices, services, applications, and software. These new regulations will also cover a new category of personal health data that is otherwise not protected health information under HIPAA.
Continue Reading IoT Update: Senators Introduce Legislation to Regulate Privacy and Security of Wearable Health Devices and Genetic Testing Kits

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 said that any such measure should “deliver new and important infrastructure investment, including investments in the cutting-edge industries of the future.” He emphasized: “This is not an option. This is a necessity.”

President Trump’s push on infrastructure is particularly noteworthy because infrastructure remains popular in both parties and the new House Congressional leadership has echoed the push for an infrastructure package.

While the State of the Union provided few details about the kinds of “cutting-edge industries” that could be the focus of a bipartisan infrastructure package, three key technologies are likely candidates: 5G wireless, connected and automated vehicles (“CAV”), and smart city technologies. A fact sheet on infrastructure released by the White House after the speech reiterated the call to “invest in visionary products” and emphasized the importance of “[m]astering new technologies” including 5G wireless. Such investments may not only improve “crumbling” infrastructure, but also spur the development of these technologies—and Congress is already holding a series of hearings devoted to identifying infrastructure needs.

Continue Reading IoT Update: Building Out the “Cutting Edge” for an Infrastructure Package