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

Monthly Archives: September 2014

Cyber Liability Insurance: Where’s the Beef?

Posted in Cybersecurity, Insurance, Privacy Litigation

Written by Heidi Lawson, CPCU and Danny Harary  “Cyber liability insurance” is often used to describe a range of insurance policies, in the same way that the word cyber is used to describe a broad range of information security related tools, processes and services. Everyone is talking about the need for “stand alone” cyber liability… Continue Reading

Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA

Posted in Class Action Litigation, Privacy Litigation

Written by Ernie Cooper  In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer Protection Act (TCPA).  The marketing consultant acknowledged that Federal Communications Commission orders… Continue Reading

Privacy Monday – September 22, 2014

Posted in Cybersecurity, Data Breach, HIPAA/HITECH, Privacy Monday

Happy autumnal equinox — http://www.skyandtelescope.com/astronomy-news/observing-news/autumnal-equinox-2014-arrives-09222014/ Home Depot Breach – By the Numbers 56 million cards at risk (compare to Target = 40 million) $62 million in estimated costs (compare to Target  =$146 million and counting) $27 million insurance coverage (compare to Target = $100 million in cover) Lawsuits filed – at least 1 in US and… Continue Reading

NIST Issues Draft Report Enumerating Risks and Protections to Consider When Evaluating Mobile Apps for Your Enterprise

Posted in Cybersecurity, Data Compliance & Security, Mobile Privacy

Written by:  Stephanie D. Willis  As the world recovers from the excitement leading up to Tuesday’s Apple Live Event announcement of the new iPhone 6 and Apple Watch, mobile app developers are chomping at the bit to create software that leverages the new operating system and Apple’s widely-anticipated “HealthKit,” a purportedly secure platform that allows… Continue Reading

Privacy Monday – September 8, 2014

Posted in Class Action Litigation, Cybersecurity, Data Breach, Data Breach Notification, Privacy Monday

Back to school, back to traffic jams … back to Privacy Mondays! Our look at bits and bytes and goofs and gaffes in data privacy and security Home Depot Breach Update It has been nearly a week, and The Home Depot has still not confirmed that it is the latest victim of point-of-sale hackers in… 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

NLRB Continues Aggressive Crackdown on Social Media Policies

Posted in Employee Privacy, Social Media

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social media such as Facebook and Twitter violate the National Labor Relations Act (“NLRA”) by interfering with workers’ rights to engage in concerted… Continue Reading

Another day, another data breach…..DIYers, beware. This time it’s Home Depot.

Posted in Cybersecurity, Data Breach, Data Breach Notification

It appears that the data breach victim of the week (perhaps of the year) is The Home Depot.  Brian Krebs has reported that it appears that two large dumps of purloined credit card numbers have made an appearance on the black market and that those numbers may have originated at Home Depot locations.   Krebs’ reporting is… Continue Reading

UK Information Commissioner’s Office Launches Consultation on Privacy Seal Program

Posted in European Union, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) The UK’s Information Commissioner’s Office (ICO) is accepting comments from the public on a proposed UK privacy seal program.  The deadline for comments is October 3, 2014. The ICO intends to endorse at least one privacy seal program in 2015.   Privacy seal programs are… Continue Reading