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California Sets the Curve with New Regulations on Collection and Use of Student Data

Posted in Uncategorized

Written by Jake Romero When one thinks of the use of technology in school, often the first image that comes to mind is of students sending ill-advised Snapchats and making in-app purchases that line the pockets of the Kardashian family, rather than paying attention in geometry.  As a tool for teachers, however, online educational tech products… Continue Reading

No news doesn’t mean it’s gone away: Timing Update for the EU Data Protection Regulation

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

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) With no major legislative milestones since the March 2014 EU Parliamentary vote endorsing the LIBE draft of the new Data Protection Legislation, observers from outside the EU might understandably wonder whether the legislative process has derailed somehow.  But it hasn’t – the train has… Continue Reading

Privacy Monday – June 30, 2014

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

Not only the last Monday in June, but the last day of June.    There are quite a few privacy-related things taking effect tomorrow, July 1.   Some reminders: Florida Amendments to Data Breach Notification Law The Florida Information Protection Act of 2014 (“FIPA”) takes effect tomorrow.   The FIPA essentially repeals Florida’s existing data breach notification law and… Continue Reading

Protecting Attorney-Client Privilege: Making Sure What’s Said In House Stays In House

Posted in HIPAA/HITECH, Uncategorized

Attorney-client privilege, and how to ensure that advice and counsel to their clients is covered by the privilege, is always a top-of-mind issue for in-house counsel, particularly with respect to compliance questions.   The privacy office does not always report into the legal department in all companies.  Therefore, when it comes to data breach compliance and privacy advice, privacy… Continue Reading

USA: National Moment of Remembrance 5/26/14

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On December 20, 2000, in his statement regarding the signing of the National Moment of Remembrance Act, President Clinton said:  “While these heroes should be honored every day for their profound contribution to securing our Nation’s freedom, they and their families should be especially honored on Memorial Day. The observance of a National Moment of… Continue Reading

When You Care Enough to Spy on the Very Best: NSA Greeting Card Program is First Step in Rebranding Campaign

Posted in Uncategorized

Written by Jake Romero If you’ve had a birthday in the past two weeks, you may have received a greeting card from an unlikely source; the National Security Agency.  Following President Obama’s call for large-scale reform of the NSA, the agency has initiated a rebranding campaign in the hopes of winning back the trust and… Continue Reading

Banks Withdraw Lawsuits Against Target and Trustwave

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UPDATE  to our story yesterday: In what apparently is a big “oops,” two banks that took legal action against Target over its recent data breach have withdrawn their claims.  The suits were withdrawn due to an erroneous allegation against Trustwave, a security vendor also named in the suit. Green Bank of Houston filed a notice of dismissal Monday… Continue Reading

Privacy Monday – March 31, 2014 OPENING DAY!

Posted in Cybersecurity, Data Breach, Data Breach Notification, Employee Privacy, Uncategorized

Last Monday in March (Opening Day for you baseball fans) - some privacy/security bits and bytes to close out the month. Microsoft:  “We won’t access private e-mail accounts …  Promise.” Microsoft has committed to no longer accessing the private e-mail accounts of its users after criticism that the company looked at the e-mail of a former employee… Continue Reading

Data Privacy Day 2014

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The “observance” of Data Privacy Day annually on January began in 2008.     The National Cyber Security Alliance (NCSA) will be kicking off today’s events with a live stream of its press conference in Washington, DC.   You can access the stream at the NCSA’s Facebook page here. Data privacy — and data security —… Continue Reading

Retailers Ask FCC to Clarify that Text Message Responses Are OK

Posted in Privacy Regulation, Uncategorized

Written by Ernest C. Cooper Should retailers be required to obtain written consent before sending a consumer a text message with information or a coupon that was specifically requested?  The Retail Industry Leaders Association (RILA) thinks not, and has filed a petition asking the Federal Communications Commission to clarify that sending a one-time text message… Continue Reading

Social Media for Financial Institutions – Final Guidance

Posted in Privacy Regulation, Uncategorized

Written by Amy Malone At the end of 2013,  the Federal Financial Institutions Examination Council (FFIEC) became the latest regulator to weigh in on social media and offered their final social media guidance.  The proposed regulation was released last January (mentioned in our post here.) The final guidance is much like the original proposal with… Continue Reading

On the Third Day of Privacy, My Smartphone Followed Me…

Posted in Legislation, Mobile Privacy, Uncategorized

Written by Amy Malone, CIPP/US In 2013 geolocation and biometrics were hot topics.  Apple included a fingerprint reader on the new iPhone which was either really cool or an epic fail depending on your viewpoint, and Google and the NSA are tracking our every move. While Edward Snowden’s revelations may have been eye opening (and… Continue Reading

Congratulations are in order…

Posted in Uncategorized

Mintz Levin has added three new Certified Information Privacy Professionals to its ranks – Jonathan Cain, a member in our Washington D.C. office, Susan Foster, a member in our London office, and Jake Romero, an associate in our San Diego office. This brings the total number of CIPPs in our Privacy & Security group to six,… Continue Reading

Coming Next Week: The 12 Days of Privacy

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Haul out the holly, fill up the stockings, even though it’s just one week past Thanksgiving day…..   Rather than look back at 2013, next week the Privacy & Security blog will count down The 12 Days of Privacy, looking ahead to what we might expect in 2014.    The editor’s muse for this series… Continue Reading

Career opportunity at a Mintz Levin client!

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We don’t do this very often, but this is an excellent opportunity for a lawyer with privacy experience at a long-time Mintz Levin client. Cablevision Systems Corporation, a leading telecommunications and media company based in Bethpage, NY  is seeking to fill the Vice President of Law, Product Management and Compliance position who will work as senior… Continue Reading

#DoNoHarm: Rhode Island Issues Social Media Guidance for Physicians

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Previously posted in Mintz Levin’s Health Law & Policy Matters blog Written by Kate Stewart As health care providers continue to try to navigate the world of social media, the Rhode Island Board of Medical Licensure and Discipline (the “Board”) has issued policy guidelines (the “Guidelines”) to address the use of social media by the… Continue Reading

Consent Isn’t the Only Consideration: NY Comic Con Attendees Disagree that Hijacking Twitter Accounts Makes the Event “100x cooler! For realz.”

Posted in Social Media, Uncategorized

Written by Jake Romero The comic book industry is no stranger to displays of heroic anger and berserker rage, but over the weekend New York Comic Con (NYCC) was on the receiving end of considerable fan fury after it began ghostwriting effusive tweets about NYCC and posting on the Twitter pages of NYCC attendees in… Continue Reading

Reminder: October 16 Is the Effective Date for the FCC’s Written Consent Rule for Prerecorded Telemarketing Calls and Autodialed Telemarketing to Cellphones

Posted in Uncategorized

Written by Ernie Cooper Companies that engage in telemarketing – either on their own or by contracting with a third-party telemarketing provider – should remember that new Federal Communications Commission (FCC) telemarketing rules go into effect October 16, 2013, requiring companies to obtain prior express written consent from consumers before calling them with prerecorded telemarketing… Continue Reading

Privacy Monday – August 19, 2013

Posted in Privacy Monday, Uncategorized

After a brief August hiatus, Privacy Monday is back with privacy goofs, gaffes and tidbits to start your week. Department of Energy Hacked — Again Although the grid is supposed to be “critical infrastructure” as part of the Obama Administration’s cybersecurity Executive Order, the Department of Energy revealed that the agency’s systems had been infiltrated… Continue Reading

American Bar Association’s Blawg 100 — Please Vote!

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The American Bar Association Journal is compiling a list of the 100 best legal blogs of 2013 and is inviting readers to submit nominations. Click the voting button below to submit a nomination for Mintz Levin’s Privacy and Security Matters Blog. Submissions are accepted through August 9, so please vote!

Privacy Monday

Posted in Uncategorized

Breaches, lawsuits and legislation this Monday, July 15   Programming Error Leads to “Low Tech” Data Breach at Indiana Family and Social Services Administration Although it started with a programming error, the breach itself was paper document.  Apparently, a programming error led to the accidental disclosure of personal information of Indiana residents to other clients… Continue Reading

Privacy Monday – Privacy Bits and Bytes to Start Your Week

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UK Regulators Tell Google:  Rewrite that Privacy Policy — Or Else It’s been clear since last year that many European data protection regulators were very unhappy with Google’s “new” privacy policy.   The UK Information Commissioner’s Office has now joined its counterparts in France and Spain in ordering Google to amend its privacy policy by September… Continue Reading

Privacy Monday

Posted in Uncategorized

Privacy Tidbits to start your week     The Risk-Benefit Analysis of BYOD As we have written in the past, the proliferation of the “bring your own device” (BYOD) trend is a high-wire balancing act for IT and privacy professionals.    What happens when employees leave the workplace with company assets on those devices that… Continue Reading