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Monthly Archives: May 2013

Massachusetts Zip Code Class Action: Take 3

Posted in Class Action Litigation

Written by Amy Malone Another class action suit has been filed in Massachusetts in the zip code wars.  This time, the target is instrument retailer Guitar Center for allegedly requesting customers to provide their zip codes when making purchases with a credit card in contravention of Mass. Gen Laws ch. 93§ 105(a).  Zip code class… Continue Reading

First HIPAA Resolution Agreement of 2013 — and it certainly will not be the last

Posted in HIPAA/HITECH, Privacy Regulation

Written by Stephanie D. Willis   The HHS Office of Civil Rights (OCR) announced its first HIPAA Resolution Agreement of 2013 last week.  According to the press release, Idaho State University (ISU) must pay OCR $400,000 and comply with the terms of a two-year corrective action plan (CAP) to address violations of the HIPAA Security Rule,… Continue Reading

Rx for HIPAA Compliance


Weighing in at half the length of Tolstoy’s legendary tome War and Peace, it is no surprise that the thought of the impending deadline for compliance with the 538-page  HIPAA Omnibus Rule  has left many small clinical practices feeling overwhelmed.   HHS Office of Civil Rights (OCR) and the Workgroup for Electronic Data Interchange (WEDI) are co-sponsoring four… Continue Reading

The Great Disappearing Acts: California Considers Two Bills Addressing the Removal of Online Information of Minors

Posted in Children, Legislation, Privacy Regulation

Written by Jake Romero Do you ever find yourself worrying that, given the types of things minors deem appropriate to post on social networking Web sites like Facebook and Twitter, our country won’t be able to produce an electable candidate for president in 40 years?  If so, you’ll be glad to know that the California… Continue Reading

July 1 COPPA Compliance Deadline is Approaching

Posted in Children, Federal Trade Commission, Privacy Regulation

Written by Julia Siripurapu Today, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites and online services (including mobile apps) appear to collect personal information from children that are 12 years old and under, in an attempt to help the businesses come into compliance with the amendments… Continue Reading

Warrantless Cell Phone Searches – A Look at the Case Law

Posted in Uncategorized

Written by Bridget M. Rohde and Sara J. Crasson, CIPP/US When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents.  Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail, videos, photographs, internet use records, GPS and cell phone tower… Continue Reading

Enter, the APPS Act

Posted in Mobile Privacy, Privacy Regulation

Written by Amy Malone U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting data, and securely maintain the data they collect. The Application Privacy, Protection and Security Act of 2013, or the… Continue Reading

EU Data Protection Regulation: and the horizon recedes again . . .

Posted in European Union, Legislation, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) We recently wrote that a crucial committee vote on the new EU Data Protection Regulation had been pushed back until May 29-30.   The vote has been delayed again until an unspecified future date, although Jan Phillip Albrecht, the MEP who is one of the… Continue Reading

FTC on COPPA: No Delay

Posted in Children, Federal Trade Commission, Privacy Regulation

This afternoon, the Federal Trade Commission (FTC) unanimously rejected requests from industry organizations to delay the July 1 date for compliance with the amendments to the Children’s Online Privacy Protection Act (COPPA).    In its response letter, the Commission noted that the updated rule has been in the works for three years and the July… Continue Reading

Understanding HIPAA: OCR Publishes New Provider and Consumer Guides

Posted in HIPAA/HITECH, Privacy Regulation

Written by Kimberly Gold (Originally posted in Mintz Levin’s Health Law Policy Matters blog) Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers.  Recognizing  the widespread confusion surrounding the interpretation of the rules, the U.S. Department… Continue Reading