Our 2015 monthly Privacy Issues Wednesday webinar series continued this month with Jennifer Rubin and Gauri Punjabi’s Privacy in the Workplace presentation. Jen and Gauri discussed the latest statutory and common law developments concerning employer monitoring of employee email, access to employee social media accounts, social media policies, and bring your own device (“BYOD”) policies. We… Continue Reading
Eager to retain its spot among the principal laboratories for domestic privacy legislation, California’s legislature is set to debate Senate Bill 178, legislation restricting state law enforcement agencies from requesting data without a warrant. Five other states have adopted similar legislation in recent months, and California’s proposal largely follows that trend.
Good Monday – The East Coast prepares for Apocalypse (Sn)ow. In the meantime, here are three privacy-related tidbits for your day. Privacy Concerns Cause Scale Back of Release of HealthCare.gov Data We spend a fair amount of time warning about third party vendors and the risk that such vendors can pose to sensitive data. … Continue Reading
As expected in his State of the Union address last night, President Obama made it very clear that cybersecurity is on his agenda for 2015. After stating that: “No foreign nation, no hacker should be able to shut down our networks, steal our trade secrets or invade the privacy of American families, especially our kids,”… Continue Reading
Written by Cynthia Larose, CIPP and Ari Moskowitz, CIPP This has been a big week for cybersecurity announcements from Washington. In what the White House has called a series of “SOTU Spoilers,” President Obama announced his intention to follow through on some of the recommendations in his administration’s Big Data report — the culmination of… Continue Reading
Three privacy/security stories that you should know as you start your week: President Obama to Offer Cybersecurity/Privacy Previews to State of the Union Proposals In a series of speeches this week, President Obama will preview important issues to appear in his January 20th State of the Union address. A White House official said… Continue Reading
Make sure to get your January 2015 Mintz Matrix! Available here for downloading and always linked through the blog right hand navigation bar. Things you will not want to miss: California has significantly amended its breach notification requirements Kentucky’s new data breach law (2014) is expanded effective January 1 As always, this chart is… Continue Reading
The First Rule of How to Survive a HIPAA Audit: Be Prepared 2015 is bringing along with it the start of the HHS Office for Civil Rights random audit program to assess compliance with the HIPAA privacy, security and breach notification rules. It is anticipated that 300-400 business associates will be the subject of a… Continue Reading
And what will that new gadget be spilling about you?? Written by Julia Siripurapu, CIPP There is no doubt that wearable devices are among the hottest gifts of the season! From fitness bands and smart watches to wearable cameras and the Google Glass, there is definitely someone on your list (including you!) who may benefit… Continue Reading
..new insurance coverage endorsements Written by Nancy Adams A few days ago, media outlets released a video of a kangaroo knocking a drone out of the sky. Apparently, this “privacy loving” kangaroo was less than pleased with the drone following her family. While the drone obtained impressive footage of the kangaroos, it was clear that… Continue Reading
……………..a cumbersome C-A-P Written by Dianne Bourque The U.S Department of Health and Human Services Office for Civil Rights has received tremendous publicity in recent years for its upward-trending fines and aggressive enforcement of HIPAA violations. Seven-figure fines are becoming the norm for serious violations, for example, in May of this year, OCR fined a hospital and university a combined total of $4.8 million dollars for their separate HIPAA… Continue Reading
a tracking device in my car …. she is now my ex-true love…. Written by Jonathan Cain A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data were, at least among the general public and Congress, somewhere in a… Continue Reading
When is “sharing” too much of a good thing? And will it get worse for health care systems in 2015? Read on….. Written by Stephanie D. Willis Data sharing has become a point of sharp focus in the efforts to improve the quality and efficiency of health services in the United States. Given all that has… Continue Reading
Questions of Authority – who will be the federal regulatory cop on the privacy beat? FTC? FCC? Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 Written by Christopher Harvie As privacy and data security gain more visibility among policy-makers, questions of federal agency authority and jurisdiction are also gaining a higher profile. Since… Continue Reading
sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and four are from California. Pull up a chair, brew that cup of tea. It’s time to review and prepare.
…….Shareholder Proposals on Cybersecurity and Privacy: Another Country Heard From Written by Megan Gates As the holiday season slips into the rear view mirror, another season looms large for public companies —- proxy season. Adding to the ever-growing chorus of demands for increased transparency by public companies on cybersecurity and privacy matters, institutional shareholders have… Continue Reading
Our series last year was a reader favorite, so we decided to put our prognosticator hats on again and present: Rather than look back at 2014, starting tomorrow, the Privacy & Security blog will count down The 12 Days of Privacy, looking ahead to what we might expect in 2015 and what we might… Continue Reading
Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The highly influential Article 29 Working Party, composed in part of representatives of the EU’s national data protection offices, has announced that the right to be forgotten applies to .com as well as country-specific search results. The Google Spain decision (discussed here) held that… Continue Reading
Written by Jonathan Cain, CIPP/G It’s been a while coming, but a mandatory privacy training rule for federal contractors could make it in the Federal Register by the end of the year. In the works since 2011, the rule was sent to the Office of Management and Budget (OMB) on November 5, and final procurement… Continue Reading
Written by: Dianne Bourque, Kimberly Gold, Kate Stewart, and Stephanie D. Willis (original post in Mintz Levin’s Health Law & Policy Matters blog) As a service to our readers, we have distilled last week’s joint HHS Office of Civil Rights (OCR) and National Institute of Standards in Technology (NIST) conference, “Safeguarding Health Information: Building Assurance through HIPAA Security” into three phrases: (i) risk assessment, (ii)… Continue Reading
As we promised in our post on the Yelp and TinyCo Federal Trade Commission COPPA enforcement actions, the Mintz Privacy Team has prepared an extensive review and analysis of both actions, and a helpful guide to avoiding COPPA violations. Client Advisory is available here.
Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The UK’s Information Commissioner’s Office (ICO) is accepting comments from the public on a proposed UK privacy seal program. The deadline for comments is October 3, 2014. The ICO intends to endorse at least one privacy seal program in 2015. Privacy seal programs are… Continue Reading
Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) Could the European Court of Justice’s May 13, 2014 Google Spain decision delay the adoption of the EU Data Protection Regulation? In the Google Spain “Right to be Forgotten” case, the ECJ held that Google must remove links to a newspaper article containing properly… Continue Reading
There is another retail data breach to talk about in this Privacy Monday post – privacy & security bits and bytes to start your week. Supermarket Chain Reports Data Breach Minnesota-based food retailer Supervalu Inc. has reported breach of its point-of-sale (POS) system, apparently by hackers. A press release on the corporate website describes the… Continue Reading