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The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

Posted in Federal Trade Commission, Privacy Regulation

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service subject to regulation under Title II of the Communications Act. Previously, the FCC classified broadband service as a lightly regulated Title I Information Service, while Title II… Continue Reading

Privacy Monday – March 23, 2015: COPPA Refresh

Posted in Children, Privacy Monday, Privacy Regulation

On Friday, the FTC published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and businesses that provide online services, including mobile apps, to educational institutions. Specifically, nearly a year after the last update to the “COPPA… Continue Reading

Privacy Monday – March 16, 2015: Unpacking the Obama Administration’s Consumer Privacy Proposal

Posted in Privacy Monday, Privacy Regulation, Uncategorized

Taking another “step” toward developing comprehensive privacy legislation, the White House has released a discussion draft of the Consumer Privacy Bill of Rights Act of 2015.   The draft reflects the Fair Information Practice Principles (“FIPPs”) long championed by the Obama Administration, and calls on businesses engaged in the collection of consumer information (“covered entities”) to… Continue Reading

One Less Carrot for Business:  Council of European Union Limits the “One-Stop Shop” Mechanism in the Draft Data Protection Regulation

Posted in EU Data Protection Regulation, European Union, Legislation, Privacy Regulation

The draft Data Protection Regulation doesn’t offer many carrots to business – and a recent announcement by the Council of the European Union takes away one of the biggest carrots, the “One-Stop Shop” mechanism. The One-Stop Shop refers to the principle that businesses would have to deal with just a single national data protection authority instead of… Continue Reading

State Data Breach Notification Law Updates

Posted in Cybersecurity, Data Breach Notification, Data Compliance & Security, Privacy Regulation

State legislatures are not waiting for Congressional action on a national data breach notification standard. Montana — Montana has amended its 10-year old breach notification law (see Mintz Matrix) to expand the definition of “personal information” and require notice to the state attorney general’s consumer protection office.  H.B. 74, signed into law by Governor Bullock,… Continue Reading

ICYMI: Privacy in the Workplace Webinar

Posted in Employee Privacy, Events and Webinars, Privacy Regulation, Social Media, Uncategorized

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

California May Limit Law Enforcement’s Warrantless Data Collection

Posted in Cybersecurity, Privacy Regulation

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.

Privacy Monday – January 26, 2015

Posted in Cybersecurity, Data Breach, HIPAA/HITECH, Legislation, Privacy Monday, Privacy Regulation, Uncategorized

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

Cybersecurity and Privacy in State of the Union Address

Posted in Children, Cybersecurity, Data Breach, Data Breach Notification, Data Compliance & Security, Legislation, Privacy Regulation, Security

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

White House Proposes National Data Breach Notification Standard

Posted in Cybersecurity, Data Breach, Data Breach Notification, Federal Trade Commission, Legislation, Privacy Regulation

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

Privacy Monday – January 12, 2015

Posted in Cybersecurity, Data Breach Notification, Data Compliance & Security, Employee Privacy, Federal Trade Commission, Legislation, Privacy Monday, Privacy Regulation, Security

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

For the New Year – A New Mintz Matrix of State Data Breach Notification Laws

Posted in Data Breach, Data Breach Notification, Legislation, Privacy Regulation, Uncategorized

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

Save the Date — HIPAA Audit Preparedness Webinar January 28, 2015

Posted in Data Breach Notification, Data Compliance & Security, HIPAA/HITECH, Privacy Regulation, Security

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

On the Twelfth Day of Privacy, My True Love Gave to Me …. 12 Different Types of Wearables!

Posted in 12 Days of Privacy, Cybersecurity, Data Breach, Data Compliance & Security, Privacy Regulation, Security

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

On the Eleventh Day of Privacy, the Drones Brought to Me…..

Posted in 12 Days of Privacy, Cybersecurity, Insurance, Privacy Regulation

 ..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

On the Tenth Day of Privacy, OCR Gave to Me…..

Posted in 12 Days of Privacy, Data Compliance & Security, HIPAA/HITECH, Privacy Regulation

……………..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

On the Ninth Day of Privacy, my true love gave to me….

Posted in 12 Days of Privacy, Mobile Privacy, Privacy Regulation, Security

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

On The Eighth Day of Privacy, Health Care Systems (Over)Shared Data

Posted in 12 Days of Privacy, HIPAA/HITECH, Privacy Regulation

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

On the Seventh Day of Privacy, federal agencies gave to me…..

Posted in 12 Days of Privacy, Cybersecurity, Data Breach Notification, Federal Trade Commission, Privacy Regulation

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

On the Fifth Day of Privacy, California (and Delaware) gave to me

Posted in 12 Days of Privacy, Children, Cloud Computing, Data Breach Notification, Legislation, Privacy Regulation

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.

On the Third Day of Privacy, the Shareholders Gave to Me……

Posted in 12 Days of Privacy, Cybersecurity, Data Breach, Data Compliance & Security, Privacy Regulation, Security

…….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

Privacy Monday: December 8, 2104 – The Twelve Days of Privacy 2014

Posted in 12 Days of Privacy, Cybersecurity, Data Compliance & Security, EU Data Protection Regulation, Insurance, Legislation, Mobile Privacy, Privacy Litigation, Privacy Monday, Privacy Regulation, Uncategorized

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

EU sets sights on Google.com search results

Posted in EU Data Protection Regulation, European Union, Privacy Regulation, Social Media

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