Privacy & Cybersecurity
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New Texas Electronic Health Record Law Exceeds HIPAA Requirements
July 15, 2011 | Blog | By Cynthia Larose
Texas covered entities (health care providers, health insurers and clearinghouses) and other entities that use and disclose PHI of Texas residents using electronic health records (EHRs) face new risks and stringent requirements under HB300, a new Texas privacy law.
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The HIPAA Auditors Are Coming! The HIPAA Auditors Are Coming!
July 12, 2011 | Blog | By Cynthia Larose
It is time for covered entities and business associates to jump start HIPAA privacy and security programs and make sure that everything is in compliance. GovInfoSecurity reports that the Department of Health and Human Services (HHS) has awarded a $9.2 million contract to KPMG to develop protocols for conducting the long-awaited HITECH Act-mandated HIPAA compliance audit program.
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Mixed Decision on Motion to Dismiss Google Street View Class Action Augurs Continuing Difficulty in Maintaining Privacy Class Actions
July 11, 2011 | Blog | By Cynthia Larose
Regular readers of this blog will be familiar with my view that difficulty in proving actual damages poses challenges to would-be plaintiffs in privacy class actions.
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FTC Announces $1.8 Million Settlement for Violation of Fair Credit Reporting Act
June 30, 2011 | Blog | By Cynthia Larose
In a settlement announced by the Federal Trade Commission (“FTC”) on June 27, 2011, Teletrack, Inc. agreed to pay $1.8 million to settle FTC charges that it violated the Fair Credit Reporting Act (“FCRA”) by selling consumer reports to marketers without a “permissible purpose.”
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"Reasonable" security does not necessarily equal "best" security - even if ACH fraud involved
June 16, 2011 | Blog | By Cynthia Larose
Bank Info Security reports that a magistrate for the U.S. District Court in Maine issued an Order that further defines what constitutes “reasonable” security practices.
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Court Approves Settlement of Flash Cookie Class Action
June 15, 2011 | Blog | By Cynthia Larose
On Monday, a federal judge in Los Angeles issued an order granting final approval to a previously-announced settlement of consolidated class actions alleging that the use of so-called “flash cookies” in connection with advertising on web sites resulted in unauthorized tracking of web users’ browsing activity.
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No Violation of Electronic Communications Privacy Act by Facebook
May 18, 2011 | Blog | By Cynthia Larose
The United States District Court for the Northern District of California has dismissed the claims of the plaintiffs against Facebook in the case of In re: Facebook Privacy Litigation.
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Privacy and Security Bits and Bytes
May 13, 2011 | Blog | By Cynthia Larose
The Chairman of the Federal Trade Commission, Jon Leibowitz, said: It's the law, it's the right thing to do, and, as today's settlement demonstrates, violating COPPA will not come cheap.
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Let The Litigation Begin - Sony PlayStation Data Breach Class Action Filed in Boston
May 9, 2011 | Blog | By Cynthia Larose
With the inevitability of death and taxes, data breaches spawn class action lawsuits. The massive Sony PlayStation Network data breach has now resulted in the filing of a class action in federal court in Massachusetts captioned Thompson v. Sony Computer Entertainment.
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Sony Breach Press Follow-up
May 9, 2011 | Blog | By Cynthia Larose
There have been hundreds of articles written in the past week on the Sony Playstation Network breaches. Cynthia Larose, chair of Mintz Levin's Privacy and Data Security practice, has been quoted in several articles over the weekend, including The Wall Street Journal, Reuters, and The Chicago Tribune.
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And the [hacks] just keep on coming......
May 5, 2011 | Blog | By Cynthia Larose
We've had the Epsilon breach. We've had Sony Breach One and Sony Breach Two. Today, Bloomberg News reports on a breach that may be, as one security expert in the article calls it, "the nastiest password hack in history...." LastPass is reporting that hackers may have broken into its database and stolen info on as many as 1.25 million users.
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More breach problems for Sony......
May 3, 2011 | Blog | By Cynthia Larose
Yesterday, in a Customer Service Notification posted on its website, Sony Online Entertainment LLC (“SOE”) based in San Diego, California revealed that its systems were also the subject of a hacking attack.
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UPDATE: Sony PlayStation Network Breach Prompts Plan to Introduce Consumer Protection Legislation
April 28, 2011 | Blog | By Cynthia Larose
There are many articles being written and blogged today regarding the PSN breach. The Hill reports this afternoon that Representative Mary Bono Mack (R-CA) has announced a plan to introduce legislation to protect online consumer information.
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How Accountable Care Organizations (ACOs) Will Use and Disclose Protected Health Information While Complying with HIPAA
April 28, 2011 | Blog | By Cynthia Larose
The Centers for Medicare & Medicaid Services (CMS) has released proposed regulations establishing Accountable Care Organizations (ACOs) and creating the Medicare Shared Savings Program (the Program).
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TJX Data Breach May Take Back Seat to Sony PlayStation Network Breach
April 28, 2011 | Blog | By Cynthia Larose
Sony Corp. has acknowledged on its PlayStation website that between April 17 and April 19, its PlayStation and Qriocity networks were the subject of a hacking attack.
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Update on Apple Location-Gathering Kerfuffle
April 27, 2011 | Blog | By Cynthia Larose
Apple has published a Q&A document to educate consumers on the back story relating to collection of location data.
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Lawmakers Scrutinize Mobile Phone Location Tracking Practices
April 27, 2011 | Blog | By Cynthia Larose
Lawmakers including Senate Judiciary Subcommittee on Privacy Chairman Al Franken (D-MN) and House Bi-Partisan Privacy Caucus Co-Chairman Ed Markey (D-MA) are scrutinizing Apple Inc.’s and Google Inc.’s practices of tracking users’ location information through their mobile phones.
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US Supreme Court Hears Prescription Data Mining Law Arguments
April 27, 2011 | Blog | By Cynthia Larose
On Tuesday, the US Supreme Court heard arguments (transcripts here) about whether or not the Vermont data mining law violates free speech by preventing pharmaceutical manufacturers and their sales people from obtaining data on physician prescription habits.
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Kerry and McCain Introduce Commercial Privacy Bill of Rights
April 13, 2011 | Blog | By Cynthia Larose
As we have been saying since the beginning of the new session of Congress, it appears that privacy is the true bipartisan issue.
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Major e-mail data breach occurs at mega-marketer
April 4, 2011 | Blog | By Cynthia Larose
By now, you've probably received one or more emails like this:
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Viewpoint Editors
Cynthia J. Larose
Member / Chair, Privacy & Cybersecurity Practice
John B. Koss
Managing Director, E-Data Consulting Group
Dianne J. Bourque
Member
Christopher J. Harvie
Member
Kevin M. McGinty
Member / Co-chair, Class Action Practice
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