Privacy & Cybersecurity

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Recommended Reading - BYOD and Reasonable Security

September 28, 2012 | Blog | By Cynthia Larose

Much has been written, in this space and elsewhere, on the concept of "reasonable security" -- what constitutes "reasonable security," how much security is "reasonable," etc.  
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Friday Privacy Funny

September 28, 2012 | Blog | By Cynthia Larose

How true........
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Beware the Weakest Link: Human Behavior

September 27, 2012 | Blog | By Cynthia Larose

Today's Washington Post includes a front page article that should serve as a warning to any employer about increasingly sophisticated social engineering attacks that exploit one key vulnerability that is essentially immune to technical solutions: their employees. 
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Apple Shareholders Request Information From Board on Privacy/Security Risk

September 26, 2012 | Blog | By Cynthia Larose

This week, Apple shareholders requested that its Board of Directors publish a report explaining how the board oversees privacy and data security risks. The proposal was prompted by concern that recent issues such as the unauthorized access to iPhone users’ address books and the release of one million Unique Device IDs could place the company’s growth opportunities at risk.
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Mass Eye and Ear Infirmary Hit with $1.5M Breach Settlement

September 19, 2012 | Blog | By Cynthia Larose

As the old saying goes, "no good deed goes unpunished...." The most recent, published Office for Civil Rights (OCR) HIPAA enforcement action serves as an important reminder that self-reported breaches can and do lead to investigations and enforcement.
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You’ve Got Mail: Senator Rockefeller Sends Letter to CEOs re: Cybersecurity....Reply Requested

September 19, 2012 | Blog | By Cynthia Larose

Senator John D. Rockefeller IV (D., W.Va.) recently sent a letter to the CEOs of all Fortune 500 companies asking the companies for more information about their cybersecurity practices. 
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Broad new data security rule proposed for federal contractors

September 11, 2012 | Blog | By Cynthia Larose

A new rule proposed for federal government contractors will require that all federal contracts over $100,000 (including contracts for commercial items and those to small businesses) will have to include a clause requiring the contractor to implement  basic data security protections for any non-public data provided to the contractor by the federal government or generated by the contractor for the government. 
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FTC to Mobile App Developers: Get Privacy Right from the Start

September 5, 2012 | Blog | By Cynthia Larose

Mobile app developers have some unique challenges when it comes to preparation and implementation of privacy policies. But, regulators have made it quite clear that the general privacy laws and regulations apply whether the application is online or mobile. 
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Wyndham Motion Puts the FTC on the Defensive

August 31, 2012 | Blog | By Cynthia Larose

Wyndham Hotel & Resorts LLC (“Wyndham”) has filed a Motion to Dismiss the Federal Trade Commission’s (the “FTC”) Complaint against it, which alleges that Wyndham committed unfair and deceptive acts related to three data security breaches that Wyndham has suffered since 2008.
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Employers Beware: Is EEOC Joining the NLRB to Require that Employers Not Instruct Employees to Maintain the Confidentiality of an Ongoing Investigation of an Employee Complaint?

August 21, 2012 | Blog | By Cynthia Larose

Lorene Schaefer, a mediator, arbitrator and workplace investigator, has reported on the One Mediation blog that by a letter of August 3, 2012 the Buffalo, New York office of the EEOC notified an employer that the employer’s written policy warning employees who participate in an investigation not to discuss the matter and providing that employees who do so may be subject to discipline including termination of employment may be a “flagrant violation” of Title VII and itself an adverse employment action.
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Federal Trade Commission Sends Strong Message with $22.5 Million Google Settlement

August 9, 2012 | Blog | By Cynthia Larose

The FTC has finally released details of their settlement with Google, including the hefty price tag of $22.5 million, the highest fine ever slapped on a violator of an FTC consent order. The Internet giant was charged with breaking the terms of the consent order they entered into last year by misrepresenting how users could opt out of having certain cookies dropped on their browser.
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Cybersecurity Act of 2012 Fails in Senate -- " A moment of disappointment..."

August 2, 2012 | Blog | By Cynthia Larose

CNN reports that the Cybersecurity Act of 2012 (SB 3414) has failed to pass the US Senate. A cloture vote failed by a vote of 42-46, mostly along party lines.
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Theft of Employee Data from Third-Party Vendor Exposes Employer and Vendor to Privacy Class Action

August 2, 2012 | Blog | By Cynthia Larose

A recently-filed class action lawsuit asserts claims against the Winn-Dixie supermarket chain and a third-party vendor, Purchasing Power, LLC, in connection with the alleged theft of employee data provided to Purchasing Power in order to administer a discount purchasing program offered to Winn-Dixie employees. 
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Law & Order PEPU: California's new Privacy Enforcement and Protection Unit

July 27, 2012 | Blog | By Cynthia Larose

In a move signaling increased enforcement of the state’s data privacy and security regulations, California’s Attorney General Kamala D. Harris has announced the creation of the Privacy Enforcement and Protection Unit.  
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Court Rules on What is "Commercially Reasonable" Bank Security

July 19, 2012 | Blog | By Cynthia Larose

Small business owners have new hope that they may be on the same footing as individuals when it comes to cybertheft from their bank accounts.
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Know thy vendor's vendor.....

July 18, 2012 | Blog | By Cynthia Larose

The pre-conference workshops at the Data Protection & Privacy Law Compliance Conference have begun! The first workshop covered managing the risk of third party vendors. An important element of ensuring the security and privacy of your vendors is finding out what vendors your vendors are using. 
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Keeping an eye on Canada's tough anti-spam law

July 10, 2012 | Blog | By Cynthia Larose

North American marketers take note: Canada is set to finalize one of the toughest anti-spam laws in the world. Canada had fallen behind when it came to introducing anti-spam legislation, but it is now making up for lost time.
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FTC Sues Wyndham Hotels

June 27, 2012 | Blog | By Cynthia Larose

The Federal Trade Commission (FTC) has announced that it has filed suit in U.S. District Court in Phoenix against Wyndham Worldwide Corporation and three of its subsidiaries. The lawsuit cites "alleged data security failures that led to three data breaches at Wyndham hotels in less than two years."  
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Revisions to Connecticut Data Breach Notification Law Pass in Budget Bill

June 21, 2012 | Blog | By Cynthia Larose

We have been following proposed legislation to modify the Connecticut data breach notification law as it worked its way (unsuccessfully) through the 2012 General Session of the legislature.
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LinkedIn Password Theft Results in Class Action Lawsuit

June 20, 2012 | Blog | By Cynthia Larose

Nearly as predictable as the sun coming up in the morning, the recent theft of 6.5 million LinkedIn user passwords has resulted in the filing of a class action lawsuit in a California federal court. 
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