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

Monthly Archives: June 2009

Breaking News – SCOTUS

Posted in Legislation

Reuters reports that the U.S. Supreme Court this morning refused to hear an appeal requested by two companies that want a New Hampshire prescription privacy law overturned. According to the article, the high court rejected without comment the request of Verispan and IMS Health, who argued that a law prohibiting companies from using physicians’ prescribing… Continue Reading

A “Wayback Machine” for Privacy Policies??

Posted in Data Compliance & Security

The typical “boilerplate” (lawyers’ hate that word, BTW) in website Terms of Use goes as follows:  “We reserve the right to change these Terms of Use at any time.  You should check back to this page to view changes.  Continued use of this website is deemed acceptance of any such changes.”   Ever wonder what… Continue Reading

FTC: BT Inquiry Coming “Soon”

Posted in Legislation

Apparently, the FTC plans on stepping up the Commission’s inquiries into online behavioral tracking. That’s what an American Bar Association Antitrust Section conference on consumer protection heard last week from two senior FTC officials. On his third day on the job, David Vladeck, director of the FTC’s Bureau of Consumer Protection, said he plans to… Continue Reading

More on the Real Cost of Data Breaches — $9.75 Million

Posted in Data Breach

Add another $9.75 million (plus – see below) to the cost of the TJX Cos. Inc. 2006 data breach. The company has reached a settlement with 42 states over allegations that it failed to provide adequate security for its customers. $5.5 million of the settlement will be dedicated to data protection and consumer protection efforts… Continue Reading

Not “Clear” What Happens to Passenger Data…..

Posted in Secure Traveling

Bad news if you were a frequent flyer who ponied up the $199 annual fee to participate in Verified Identity Pass, Inc.’s registered traveler program, branded as “Clear.” Last night, the company announced that it was “unable to negotiate an agreement with its senior creditor” and shut down. Membership fees will not be refunded. The… Continue Reading

Congress to Bring “Law and Order” to the Internet??

Posted in Online Advertising

In February, the Federal Trade Commission released its report on behavioral advertising “guidelines,” with strong suggestion over the recent weeks from Commissioner Jon Liebowitz that without significant self-regulation, the online advertising industry could see regulation or legislation.  We discussed the FTC report at that time here. Yesterday, two House committees came together to look at privacy… Continue Reading

Security Bits and Bytes

Posted in Data Breach

The Wall Street Journal reports that the CEO of Heartland Payment Systems “gets religion” on security. You’ll recall that Heartland reported what has been called the “largest security breach ever” earlier in the year. Researchers have uncovered a new platform used by cybercriminals to buy and sell batches of zombie PCs and other tools used… Continue Reading

FTC Issues Consent Order for GLBA Violations

Posted in Legislation

In the run-up to the enforcement deadline for the Identity Theft Red Flag Rule (August 1, 2009 – more on that in another post), enforcement of the Gramm-Leach-Bliley Privacy Rule and Safeguards Rule has not been forgotten by the Federal Trade Commission. This week, the FTC issued a consent order against mortgage lender James B…. Continue Reading