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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.
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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.
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Oregon Health & Science University Data Breach Compromises 3,000 Patients’ Records in the Cloud.
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.
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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.
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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.
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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.
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We will start your week with a fresh collection of privacy tidbits, goofs and gaffes.
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.
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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.
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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).
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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?
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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.
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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.
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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.
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Upcoming Events
April 30, 2013 | Blog | By Cynthia Larose
Mark your calendars: Upcoming events with Mintz Levin privacy attorneys
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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.
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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.
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The long-awaited amendments to the Children's Online Privacy Protection Act (COPPA) have been the subject of much discussion and debate.
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).
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Cybersecurity Disclosure: A Panel Discussion with the SEC’s Division of Corporation Finance
April 9, 2013 | Blog | By Adam Veness, Cynthia Larose
Last week in Washington, D.C., this author had the opportunity to sit in on a panel discussion by the SEC’s Division of Corporation Finance (“CorpFin”) discussing, among other things, recent developments in cybersecurity disclosure in public company filings.
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Yet Another Zip Code Class Action Filed in Massachusetts
April 9, 2013 | Blog | By Cynthia Larose
Earlier this month, we reported on the privacy case against craft giant Michaels Stores (see our blog post here, as well as our client alert here) in which the plaintiff alleged that Michaels illegally collected zip codes during credit card transactions.
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Hannaford Data Breach Class Action Certification: Denied
April 2, 2013 | Blog | By Cynthia Larose
Damages issues continue to bedevil would-be data breach class action plaintiffs. A long and growing line of cases holds that consumers cannot maintain claims arising from theft of their personal or financial data without alleging that the theft resulted in financial injury.
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