Privacy & Security Matters Mintz Levin : Data Compliance & Security, Employee Privacy Lawyer & Attorney

Monthly Archives: December 2009

Data Security Roundtable

Posted in Data Compliance & Security

Here is a link to a couple of segments of a data security roundtable I participated in not long ago:http://www.businesswire.com/portal/site/home/permalink/?ndmViewId=news_view&newsId=20091222005345&newsLang=en Some very interesting discussions with folks who are on the cutting edge of data security. I’ll post the other segments as they are released.

The real cost of data breaches – Heartland to pay Amex $3.5 million

Posted in Data Breach

According to its 8-K filing with the Securities and Exchange Commission (SEC), Heartland Payment Systems Inc. has agreed to pay American Express Travel Related Services Co. Inc. just over $3.5 million to settle any claims arising out of a massive payment card data breach. This settlement is likely to be only the first over the… Continue Reading

More Detail on Quan Case

Posted in Employee Privacy

My colleague, Martha Zackin, has published a more extensive discussion of the issues before the U.S. Supreme Court in the Quan case – ELB Law Information: Supreme Court to Hear Case re Employer’s Access to Employee’s Text Messages

Supreme Court will review some issues in Quon Case, denied review to other issues

Posted in Employee Privacy

Some additional information on yesterday’s post regarding the Supreme Court’s decision to hear the Quon case. The high Court agreed to hear some, but not all of the issues presented by the Ninth Circuit decision in the case. The Court will consider whether a police sergeant assigned to a SWAT team had a reasonable expectation… Continue Reading

Good data protection sense from the Brits

Posted in Data Compliance & Security

The UK’s Information Commissioner’s Office (ICO) has done what the Federal Trade Commission should do — produced a no-nonsense Guide to Data Protection. This Guide is intended to provide small and medium sized enterprises with practical advice about the UK’s Data Protection Act and takes a straightforward look at the data protection principles, using practical,… Continue Reading

Supreme Court To Decide Privacy of Employee Texts

Posted in Employee Privacy

U.S. Supreme Court this morning decided to hear a case on the privacy of employee text messages sent on employer-provided devices, reports the Washington Post (see below). The case–City of Ontario v. Quon–could have profound implications on employee privacy rights, according to a Baltimore Sun report. It involves an Ontario, California police officer who sent… Continue Reading

Holiday Privacy Watch: Take care before you donate that cell phone

Posted in Data Breach, Data Compliance & Security

During the holiday season, many organizations are soliciting donations of old cell phones to be repurposed. This is an excellent way to “reuse, reduce, and recycle” and puts those useless (to you) items to use in a positive way, but please remember — important and private data reside in your cell phone’s internal memory, even… Continue Reading

Federal Trade Commission hosts privacy roundtable today

Posted in Online Advertising

The FTC kicks off the first in a series of “roundtable” discussions to explore privacy challenges posed by 21st technology and business practices that collect and use consumer data. Today’s roundtable is being held in Washington, DC, and will focus on data collection, use and retention, consumer expectations of privacy, online behavioral advertising, information brokers… Continue Reading

Privacy and Security Bits and Bytes

Posted in Data Compliance & Security

The Most Wonderful Time of the Year — It’s time for the annual “top ten” lists. Information Security Resources has posted an article that is eye-opening reading with respect to data breaches in 2009. Ten Most Damaging Data Breaches of 2009 U.S. to Join Fingerprint Sharing — CBC News – Canada reports that the U.S…. Continue Reading

Court issues written opinion explaining decision regarding applicability of Red Flags Rule to attorneys

Posted in Legislation

As we first blogged here, hours before the last Red Flags enforcement deadline, a federal court judge in the D.C. Circuit ruled from the bench that attorneys would not be subject to the Red Flags Rule. The court released Judge Walton’s written opinion was released on December 1, 2009, which provides clarification of his comments… Continue Reading