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Cybersecurity Executive Order: Not Much New

Posted in Cybersecurity, Cybersecurity, Data Compliance & Security, Uncategorized

President Obama’s February 13 Executive Order, “Promoting Private Sector Cybersecurity Information Sharing” (the “EO”), turns out to be light on new measures to improve cybersecurity, but focused heavily on adjustments to prior Executive Orders implementing the rules for handling classified information.  This focus introduces concerns about government agencies picking winners and losers in the cybersecurity… Continue Reading

Who’s your role model for EU privacy notices? The latest Google Undertaking

Posted in European Union, Mobile Privacy, Online Advertising, Uncategorized

When small and mid-size companies start expanding their apps or web presence into Europe, they need to start thinking about EU data protection laws.  It’s tempting to take a look at what one or two of the “big guys” do about EU data protection compliance and think that whatever  the big guys do in Europe… Continue Reading

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 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

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

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

Thanksgiving and Big Data Visualization

Posted in Uncategorized

Big Data can slice and dice just about anything.   Big data analytics company, Datawatch, has created two fun demos using turkey and Thanksgiving dinner data.    Although the page is promoting a download a 14-day free trial of the company’s software, no download (or registration) is required to see and manipulate the workbooks. First… Continue Reading

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

Posted in Uncategorized

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

Posted in Uncategorized

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

Posted in Uncategorized

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

Posted in Uncategorized

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!

Posted in Uncategorized

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