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Privacy Monday - January 12, 2015

January 12, 2015 | Blog | By Cynthia Larose

Three privacy/security stories that you should know as you start your week:
President Obama to Offer Cybersecurity/Privacy Previews to State of the Union Proposals
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For the New Year - A New Mintz Matrix of State Data Breach Notification Laws

January 9, 2015 | Blog | By Cynthia Larose

Make sure to get your January 2015 Mintz Matrix!
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Save the Date -- HIPAA Audit Preparedness Webinar January 28, 2015

January 6, 2015 | Blog | By Cynthia Larose

The First Rule of How to Survive a HIPAA Audit:  Be Prepared
2015 is bringing along with it the start of the HHS Office for Civil Rights random audit program to assess compliance with the HIPAA privacy, security and breach notification rules.
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Privacy Monday - January 5, 2015

January 5, 2015 | Blog | By Cynthia Larose

Welcome to the first Privacy Monday of 2015!
We hope that you enjoyed our 12 Days of Privacy series (and if you missed it, they are all linked in the right column of the blog...).
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FCC's Retroactive Solicited Fax Opt-Out Waiver Window Closing

December 29, 2014 | Blog | By Cynthia Larose

Businesses that engage in fax advertising and solicitation should pay careful attention to the recent ruling by the Federal Communications Commission clarifying that even fax advertisements sent with the prior express invitation or permission of the recipient must include an opt-out notice that: (1) is clear and conspicuous and on the first page of the ad; (2) states that the recipient may request the sender not send any future ads and that failure to comply with an opt-out request within 30 days is unlawful; and (3) contains a telephone number and fax number for the recipient to transmit an opt-out request.
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Consumer Claims Survive Motion to Dismiss in Target Data Breach Class Action

December 29, 2014 | Blog | By Cynthia Larose

A recent ruling by Federal District Judge Paul Magnuson will permit most of the consumer claims in the Target data breach litigation to survive Target’s motion to dismiss. This most recent ruling follows on the heels of the court’s December 2 decision partially denying Target’s motion to dismiss consolidated complaint of the banks that issued the credit and debit cards that were subject to the breach.
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On the Tenth Day of Privacy, OCR Gave to Me.....

December 22, 2014 | Blog | By Cynthia Larose

The U.S Department of Health and Human Services Office for Civil Rights has received tremendous publicity in recent years for its upward-trending fines and aggressive enforcement of HIPAA violations.  
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On the Ninth Day of Privacy, my true love gave to me....

December 19, 2014 | Blog | By Cynthia Larose

A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data were, at least among the general public and Congress, somewhere in a galaxy far far away.  
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On the Seventh Day of Privacy, federal agencies gave to me.....

December 17, 2014 | Blog | By Cynthia Larose

As privacy and data security gain more visibility among policy-makers, questions of federal agency authority and jurisdiction are also gaining a higher profile.
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On the Sixth Day of Privacy, the hackers gave to Sony......

December 16, 2014 | Blog | By Cynthia Larose

With the holiday season in full swing, many of us are struggling with that age-old question: "what do you get for the person who has everything?" Well, if that person happens to be your supreme leader, the answer may very well be "a massive download of electronic dirty laundry on their sworn enemy".
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On the Fifth Day of Privacy, California (and Delaware) gave to me

December 15, 2014 | Blog | By Cynthia Larose

There are five significant new privacy laws/amendments that will be effective as of New Year's Day -- January 1, 2015 -- and four are from California. Pull up a chair, brew that cup of tea. It's time to review and prepare.
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On the Third Day of Privacy, the Shareholders Gave to Me......

December 11, 2014 | Blog | By Cynthia Larose

As the holiday season slips into the rear view mirror, another season looms large for public companies ---- proxy season. Adding to the ever-growing chorus of demands for increased transparency by public companies on cybersecurity and privacy matters, institutional shareholders have recently begun to contribute their own distinctive voices to the discussion.
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On the Second Day of Privacy, Plaintiffs’ Counsel Gave to Me . . .

December 10, 2014 | Blog | By Cynthia Larose, Kevin McGinty

“Trying to predict the future is a mug’s game.” Douglas Adams, The Salmon of Doubt: Hitchhiking the Galaxy One Last Time.
For the Second Day of Privacy, we boldly go where no self-respecting trial lawyer ever wants to go – to the future.
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On the First Day of Privacy, the EU Gave to Santa......

December 9, 2014 | Blog | By Cynthia Larose

If your company doesn’t have an office in the EU, but collects or receives personal data from the EU in the course of running its business, it can be a bit tricky to determine whether or not EU Data Protection laws apply to you. 
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Privacy Monday: December 8, 2104 - The Twelve Days of Privacy 2014

December 8, 2014 | Blog | By Cynthia Larose

Rather than look back at 2014, starting tomorrow, the Privacy & Security blog will count down The 12 Days of Privacy, looking ahead to what we might expect in 2015 and what we might be talking about in the year to come.
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Issuer Banks’ Claims in Target Data Breach Litigation Survive Motion to Dismiss

December 4, 2014 | Blog | By Cynthia Larose

Federal District Judge Paul Magnuson has ruled that banks that issued credit and debit cards to customers whose data was stolen in the December 2013 Target data breach could continue to litigate claims against Target for negligence and violation of Minnesota’s Plastic Security Card Act (“MPCSA”), Minn. Stat. § 325E.64. 
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EU sets sights on Google.com search results

November 27, 2014 | Blog

The Google Spain decision (discussed here) held that a search engine with advertising activities in Europe (directly or through a subsidiary) must delete search results that link to personal information that the person in question thinks is no longer “relevant.” 
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Thanksgiving and Big Data Visualization

November 26, 2014 | Blog | By Cynthia Larose

Big Data can slice and dice just about anything. Big data analytics company, Datawatch, has created two fun demos using turkey and Thanksgiving dinner data.
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Corrective Action Earns Verizon End to FTC's FiOS Router Investigation

November 14, 2014 | Blog

Corrective action taken by Verizon Communications to fix security issues with its FiOS and DSL routers resulted in the FTC closing its investigation to determine whether Verizon's distribution of the routers was an unfair or deceptive practice.
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OCR Issues New Bulletin on Ensuring Privacy in Public Health Emergencies

November 13, 2014 | Blog | By Cynthia Larose

This week, the HHS Office of Civil Rights (OCR) issued a bulletin (Bulletin) to remind covered entities and business associates that “the protections of the Privacy Rule are not set aside during an emergency.” 
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