Skip to main content

Privacy & Cybersecurity

Viewpoints

Filter by:

As has become typical in the data security space, there was quite a bit of activity in state legislatures over the previous year concerning data breach notification statutes. Lawmakers are keenly aware of the high profile data breaches making headlines and the increasing concerns of constituents around identity theft and pervasive cybercrime. 

Eddie Bauer Latest Victim of POS Malware Attack

August 23, 2016 | Blog | By Michael Katz, Cynthia Larose

Last week the clothing retailer Eddie Bauer LLC issued a press release to announce that its point of sale (“POS”) system at retail stores was compromised by malware for more than six months earlier this year. 

Let's talk about Networks of Things, baby. Let's talk about you and me.

August 9, 2016 | Blog | By Julia Siripurapu, Michael Katz

It is easy to see networks all around us. The printers at the office, your child’s videogame, the food ordering app on your phone, the fitness band or smart watch on your wrist, the electricity grid for your city, the self-driving cars being tested on our roads, all rely at least in part on networked solutions. 
Two recent data breach incidents in the healthcare industry prove what readers of this blog have heard all too often: KNOW THY VENDORS.

FTC Plants A Flag With LabMD Ruling: What This Means for Enforcement

August 1, 2016 | Blog | By Cynthia Larose, Natalie Prescott

On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case against a lab testing company LabMD and misapplied the unfairness standard. 

"Privacy Shield" Open For Business - Fees?

August 1, 2016 | Blog | By Cynthia Larose

The certification forms for the new US-EU Privacy Shield Framework are now available online. What is not easily discernible in the workflow is the fee structure. One needs to refer back to the Federal Register's implementation notice, published July 22.
The Article 29 Working Party (WP29) has released a brief updated statement on the final form of the Privacy Shield adequacy decision and supporting annexes. WP29 is an important advisory group made up of representatives of each of the EU's national data protection authorities.
The U.S. Court of Appeals for the Ninth Circuit recently issued a decision that could have far reaching implications for the relationships between companies that provide online services, their customers or users, and third parties.
In a terse two-page order, Senior District Court Judge Paul Magnuson dismissed derivative claims brought against officers and directors of Target in connection with the 2013 holiday-season data breach.  

Privacy Shield is Finally Official

July 12, 2016 | Blog | By Susan Foster

The EU Commission has formally adopted Privacy Shield and the US Department of Commerce will go live with a new Privacy Shield registration website on August 1. US companies that had been registered under Safe Harbor will need to complete a new internal review, self-certification and registration to take advantage of Privacy Shield.

EU Adopts Cybersecurity Directive: What US Companies Need to Know

July 11, 2016 | Blog | By Michael Katz, Cynthia Larose

Not all the news coming out of Europe these days is about Brexit. In fact, the forces of unity and harmonization remain a top priority for European regulators hoping to combat digital security threats and create a safer and more secure environment for the entire online community.
The final version of Privacy Shield (which has not yet been officially published) passed the Article 31 Committee vote on July 8th and is being presented today to the LIBE committee of the European Parliament. LIBE’s vote is advisory, but it may provide some early indications as to how well Privacy Shield will survive anticipated legal attacks once it is formally adopted and implemented.

Privacy Shield: Rumors of Progress

July 1, 2016 | Blog | By Susan Foster

According to several news reports, the Commission has sent a revised draft of the Privacy Shield adequacy decision to the Article 31 Committee. One tech industry news source, Ars Technica, has made available a purportedly leaked draft of the version of Privacy Shield that is being reviewed by the Article 31 Committee.

Colorado Student Data Privacy Bill - What EdTech software providers need to know

June 27, 2016 | Blog | By Julia Siripurapu, Cynthia Larose

Colorado is the latest state to revisit, and expand upon, its laws pertaining to the use and protection of student data. Colorado Governor John Hickenlooper recently signed into law House Bill 16-1423 (the “Bill”) designed to increase the transparency and security of personal information about students enrolled in Colorado’s public education system (K-12).

What does the Brexit vote mean for UK Data Protection?

June 24, 2016 | Blog | By Susan Foster

US companies and policy makers will no doubt spend a good chunk of the day today considering the possible implications for them of yesterday’s UK vote for Brexit. Mark Carney, Governor of the Bank of England, has issued a statement to calm the markets.

OCR Warns of HIPAA Risks in Third-Party Apps

June 22, 2016 | Blog | By Cynthia Larose

The U.S. Department of Health and Human Services Office for Civil Rights (OCR)  recently issued a warning regarding vulnerabilities in third-party applications used by entities covered by HIPAA. The OCR warning applies generally to HIPAA Covered Entities and Business Associates. 

Mintz Privacy Team Adds CISSP

June 21, 2016 | Blog | By Cynthia Larose

The Mintz Levin Privacy and Security team is pleased to welcome Brian H. Lam to our group of privacy and security professionals. Brian comes to Mintz with broad experience in data aggregation, network data security, and technology transactions - in particular, the role security infrastructure plays in both technology transactions and M&A transactions.
The number one threat to a company's information (personal or confidential) is still its own employees. Data security and privacy training are the first lines of defense against negligent employee behavior.
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have issued the long-awaited final procedures for both Federal and Non-Federal Entities under the Cybersecurity Information Sharing Act (CISA) (“Final Procedures”) that provide information on how DHS will implement CISA. 

EU Privacy Shield Status Update

June 20, 2016 | Blog | By Susan Foster

While it’s making few headlines, the European Commission is still working to finalize Privacy Shield, and it’s even possible that Privacy Shield will pass a key hurdle by the end of this month. 
Sign up to receive email updates from Mintz.
Subscribe Now

Days Left Until CCPA

Explore Other Viewpoints: