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
Monthly Archives: October 2013
Privacy Monday: October 28, 2103 — NIST Cybersecurity “Framework” Published for Comment
Posted in Cybersecurity, Data Compliance & Security, Privacy MondayWritten by Jonathan Cain The National Institute of Standards and Technology (NIST) has published its preliminary cybersecurity “Framework” that it was directed to develop in Executive Order 13636. The Executive Order requires that NIST develop and publish a cybersecurity Framework to protect national critical infrastructure through a “prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information… Continue Reading
FTC Votes 4-0 to Extend Public Comment Deadline on Two COPPA Proposals
Posted in Children, Federal Trade CommissionThe FTC has announced (press release) that, as a result of the recent shut down of the agency, the Commission has voted unanimously to extend the public comment periods for two recent proposals under the COPPA Rule. Specifically, the public comment period for the verifiable parental consent solution proposed by Imperium, LLC (“Imperium VPC Method”) scheduled… Continue Reading
Another major medical data breach in California
Posted in Data Breach, HIPAA/HITECH, SecurityWritten by Julia Siripurapu Or….why are health care institutions still leaving laptops containing PHI unencrypted???? The Los Angeles Times (the “Times”) reported this week the theft of two laptops from an administrative office of hospital group AHMC Healthcare Inc. (“AHMC”) in Alhambra, California that compromised the health data of approximately 729,000 individuals. The notice posted… Continue Reading
FTC and the “Internet of Things”: Franchisor on the hook
Posted in Data Compliance & Security, Federal Trade Commission, Privacy RegulationWritten by Amy Malone Last fall the Federal Trade Commission brought cases against a software developer and rent-to-own stores that secretly monitored people in their homes. The developer provided the stores with software that had a “Detective Mode” that once enabled allowed the stores to log key strokes, capture screen shots, take pictures using the… Continue Reading
Key EU Parliament Committee Endorses Revised Draft of Data Protection Regulation
Posted in Data Compliance & Security, European Union, LegislationWritten by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) As widely expected, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted today in favor of a revised, even tougher draft of the Data Protection Regulation that will (if finally adopted) replace the EU’s current laws regarding the collection and… Continue Reading
Privacy Monday – October 21, 2013
Posted in Data Breach Notification, Data Compliance & Security, European Union, Mobile Privacy, Privacy MondayPrivacy tidbits and bytes for this Monday – App Developers – Put this on your calendar! Now that the US government shutdown is over, the Federal Trade Commission (FTC) has announced its participation in a workshop with the Application Developers Alliance and the California Attorney General’s office on best practices for mobile app privacy. The Mobile Privacy… Continue Reading
Should we worry about Safe Harbor being suspended because of the NSA’s PRISM Program?
Posted in Data Compliance & Security, European Union(LONDON) Various data protection power players have called for the suspension or curtailment of the US Safe Harbor program ever since the Snowden revelations that the US NSA has required large internet service providers such as Google to provide vast amounts of personal data transmitted by individuals in Europe (and elsewhere). As many of you… 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, UncategorizedWritten 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
Discussing Binding Corporate Rules: An Interview with Sue Foster
Posted in European Union(LONDON) Word from Europe is that the final report out of a European Parliament inquiry established to investigate the PRISM National Security Agency surveillance/Edward Snowden revelations will recommend suspension of the EU-U.S. Safe Harbor Framework. Without Safe Harbor, a U.S. company is left to full compliance with the EU Data Protection Directive, including express consent… Continue Reading
Video Interview: Discussing the Adobe Data Breach with LXBN TV
Posted in Data BreachFollowing up on our recent post on the Adobe data breach, I had the opportunity to speak with Colin O’Keefe of LXBN on the subject. In the brief video interview, I explain the details of the data breach and also share my thoughts on potential litigation we may see as a result.
Senator Markey Back in the Privacy Hunt: Google’s New Terms of Service Prompt Letter to FTC
Posted in Federal Trade Commission, Online Advertising, Privacy RegulationWritten by Adam Veness Google has recently announced changes to its terms of service that will allow Google to incorporate its users’ photos, comments and names in advertisements. This new policy will go into effect on November 11th. Seemingly always quick to action when privacy issues are implicated, Senator Edward J. Markey (D-MA) has already… Continue Reading
Changes to California’s Privacy Laws: What They Mean for Your Business
Posted in Data Breach Notification, Data Compliance & Security, Privacy RegulationThe federal government may be completely unable to pass laws, but that certainly isn’t the case with the State of California, which has just completed a data privacy hat trick by passing three significant laws addressing a broad subset of data privacy issues. The big question: is your online and/or mobile business ready for the… Continue Reading
Privacy Monday: October 7, 2013
Posted in Cybersecurity, Data Breach, Privacy Litigation, Privacy MondayThe First Monday in October Oyez! Oyez! Despite the government shutdown, the Supreme Court is in for the 2013-2014 session. There are a couple of privacy cases on the agenda: U.S. v. Wurie and Riley v. California At issue: Separate appeals over whether police must obtain a warrant to search data on the cellphone of… Continue Reading
A Different Kind of Adobe Update: Adobe Announces Data Breach Compromising Information of 2.9 Million Customers
Posted in Data Breach, Data Breach NotificationWritten by Jake Romero and Cynthia Larose, CIPP Adobe Systems Inc.,(ADBE -1.24%) announced earlier today that has been the victim of a cyber attack that has compromised information of 2.9 million of its customers. In a blog post Thursday morning, Adobe’s Chief Security Officer Brad Arkin referred to such attacks as “one of the unfortunate realities of doing… 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 UncategorizedWritten 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
October is National Cyber Security Awareness Month
Posted in Cybersecurity, Identity TheftDID YOU KNOW? - 93 percent believe their online actions can protect not only friends and family but also help to make the Web safer for everyone around the world. - Nearly two-thirds of the American public have heard, read or seen something about online safety and security issues recently. However, most of what the… Continue Reading
