Privacy & Cybersecurity

Viewpoints

Filter by:

Huge FCRA Verdict Against Equifax Shows Potential Costs of Failing to Protect and Correct Consumer’s Credit History

August 7, 2013 | Blog | By Cynthia Larose

Last week an Oregon jury awarded an individual plaintiff over $18 million in compensatory and punitive damages in what some sources have reported to be the first jury verdict in a case brought under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681a(c). 
Read more

Will California Voters Move US to Opt-In?

August 6, 2013 | Blog | By Cynthia Larose

The California ballot measure process permits any California voter to propose a ballot initiative to the state’s Attorney General which, if enough signatures are gathered, will then appear on state-wide ballot for approval at the next election.
Read more

FTC v. Wyndham: Wyndham Calls for Back-Up

August 5, 2013 | Blog | By Cynthia Larose

It appears that Wyndham Hotel & Resorts LLC (“Wyndham”) has received reinforcements in its defense against the Federal Trade Commission’s (the “FTC”) case. A federal judge has agreed to allow the U.S. Chamber of Commerce and several other organizations to file an amicus curiae brief in support of dismissing the FTC’s case against Wyndham.
Read more

FTC Complaint: Medical Testing Lab Exposed Personal Data of Thousands Over Peer-to-Peer Network

August 4, 2013 | Blog | By Cynthia Larose

Just before the Labor Day holiday, the Federal Trade Commission issued a press release announcing its complaint against LabMD, Inc., a company that performs medical testing for consumers around the country. The complaint alleges that the company did not take reasonable measures to protect the security of consumers’ personal data. 
Read more

And the hits keep on coming........

July 31, 2013 | Blog | By Cynthia Larose

The "hits" to data bases, in any event. Here is a rundown of some of the most recent data breach reports --
Oregon Health & Science University Data Breach Compromises 3,000 Patients’ Records in the Cloud.
Read more

Survey Says: Fortune 500 Disclosing Cyber Risks

July 23, 2013 | Blog | By Cynthia Larose

Ever since our 2013 prediction, an ever increasing number of public companies are adding disclosure related to cybersecurity and data breach risks to their public filings. We previously analyzed how the nation’s largest banks have begun disclosing their cybersecurity risks. 
Read more

FCC: Carriers Must Protect Certain Data Collected on Mobile Handsets

July 9, 2013 | Blog | By Cynthia Larose

Aiming to “address the real privacy and security risks that consumers face when telecommunications carriers use their control of customers’ mobile devices to collect information about their customers’ use of the network,” the Federal Communications Commission (FCC) has adopted a Declaratory Ruling holding that the existing rules requiring carriers to protect customer proprietary network information (CPNI) apply to CPNI collected by mobile devices when such collection is undertaken at the carrier’s direction and the carrier has access to or control over that information.
Read more

California AG Releases Report on 2012 Data Breaches

July 2, 2013 | Blog | By Cynthia Larose

Californians are a diverse bunch (as you’ve probably gathered from those commercials with Arnold Schwarzenegger), but apparently there is something that 2.5 million of us all have in common. California Attorney General Kamala Harris has released a first-of-its-kind data breach report  that includes statistics, recommendations and assessments based on breaches that were reported to the Attorney General’s office during the 2012 calendar year.
Read more

Welcome to Privacy Monday

June 24, 2013 | Blog | By Cynthia Larose

Welcome to a new feature of Privacy & Security Matters -- Privacy Monday.
We will start your week with a fresh collection of privacy tidbits, goofs and gaffes.
Read more

Seventh Circuit Declines to Review Class Certification Order in Enormous Computer Privacy Class Action

June 13, 2013 | Blog | By Cynthia Larose

In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that permitted comScore, Inc. to track internet traffic and usage.
Read more

Delta Finds Reprieve in State Court, but Not Everyone Will Get to Fly the Friendly Skies

June 4, 2013 | Blog | By Cynthia Larose

California Attorney General Kamala Harris’ attempt to bring an enforcement action against Delta Air Lines won’t be leaving the runway. California Superior Court Judge Marla J. Miller has dismissed a data privacy complaint against Delta brought by Attorney General Harris.
Read more

Massachusetts Zip Code Class Action: Take 3

May 31, 2013 | Blog | By Cynthia Larose

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).
Read more

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

May 17, 2013 | Blog | By Cynthia Larose

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? 
Read more

Rx for HIPAA Compliance

May 17, 2013 | Blog | By Cynthia Larose

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.  
Read more

July 1 COPPA Compliance Deadline is Approaching

May 15, 2013 | Blog | By Cynthia Larose

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 to the Children’s Online Privacy Protection (COPPA) Rule (the “Amendments”), going into effect on July 1.
Read more

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

May 10, 2013 | Blog

(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 leading advocates for the Regulation, still thinks that a committee vote will be possible before the European Parliament’s July recess. 
Read more

Upcoming Events

April 30, 2013 | Blog | By Cynthia Larose

Mark your calendars:  Upcoming events with Mintz Levin privacy attorneys
Read more

Data Breach at Gunpoint

April 25, 2013 | Blog | By Cynthia Larose

You might think that if you lock your backup tapes in a safe they are protected from a data breach, but Kmart’s recent data breach proves that’s not the case.  Last month, a person held a Kmart employee in Little Rock, Arkansas at gun point and ordered him to open the store’s safe.
Read more

War of Words Regarding Implementation of Amendments to COPPA - UPDATE

April 24, 2013 | Blog | By Cynthia Larose

Volley #1 - Trade Associations to FTC:  Please Delay!
The long-awaited amendments to the Children's Online Privacy Protection Act (COPPA) have been the subject of much discussion and debate.  
Read more

EU Data Protection Regulation: Looming closer . . .

April 22, 2013 | Blog

(LONDON) The draft of the new Data Protection Regulation, the first EU privacy law with highly serious teeth in the form of fines based on global turnover, continues to wend its way through various committees of the European Parliament (EP).
Read more

Subscribe

Sign up to receive email updates from Mintz.
Subscribe Now
what-were-reading

What We're Reading

ccpa-toolkit

California Consumer Privacy Act (CCPA) – Toolkit

Mintz Matrix

The Mintz Matrix

Find data breach notification laws by state

Viewpoint Editors

Explore Other Viewpoints:

I'm Looking For...