Privacy & Cybersecurity

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April 2, 2018 | Blog | By Cynthia Larose

Only one U.S. state without a data breach notification law, that is.
South Dakota as become the 49th state to enact a data breach notification law, which take effect on July 1. The South Dakota law follows the pattern of the most recent notification laws, including an expansive definition of "Personal Information".
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It's that time of year again: Phish Madness!

March 14, 2018 | Blog | By Cynthia Larose

Beware of March Madness! Scammers and phishers take advantage of increased web traffic by impersonating popular March Madness websites, including bracket sites and game live streams. Will your employees take the bait?
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Supreme Court Declines to Address Circuit Split on Data Breach Standing Issue

February 28, 2018 | Blog | By Jane Haviland, Kevin McGinty

A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v. Attias.
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The Week Ahead - US v. Microsoft at SCOTUS

February 26, 2018 | Blog | By Cynthia Larose

The Supreme Court on Tuesday will hear arguments in United States v. Microsoft Corp., in which the court will decide whether a US technology service provider, Microsoft, must obey a search warrant for data stored in a foreign country.
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Cybersecurity and the 401(k) Plan Sponsor

February 22, 2018 | Blog | By Cynthia Larose

Mintz Levin Benefits attorney Patricia Moran recently authored an article for  the Society for Human Resources Management's latest publication describing the cybersecurity risks involved with 401(k) Plan sponsorship.
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How to Leverage Privacy as a Key Competitive Advantage

February 20, 2018 | Blog | By Cynthia Larose

We've discussed privacy compliance with regulations, legal requirements, etc. in the space since this blog's inception. "Privacy by design" - while not a new concept - is certainly enjoying a new spot in the sunshine thanks to the European Union's General Data Protection Regulation ("GDPR") (93 days and counting...) and its codification of "privacy by design and default" in Article 25.
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Deadline Approaching under NY Cybersecurity Regulations

February 13, 2018 | Blog | By Cynthia Larose

If your company is one of the broad group of businesses licensed by the New York Department of Financial Services (NY DFS), a very important deadline is bearing down on February 15. Regulated entities have under Thursday to attest to their compliance with the first-in-the-U.S. cybersecurity regulations (details and links are in blog post below). 
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Practical GDPR Steps for US-Headquartered Life Sciences Companies

February 12, 2018 | Blog | By Cynthia Larose

In case you had not heard, the European Union is replacing its current privacy laws with a new, comprehensive General Data Protection Regulation (GDPR), which takes effect May 25, 2018.
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Carpenter v. United States Privacy Case Pushes Supreme Court to Decide Fourth Amendment Protections of Cell Phone Metadata

January 30, 2018 | Blog | By Joanne Dynak

The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth Amendment by accessing an individual’s historical cell phone locations records without a warrant.
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GDPR - European Commission Unveils Guidance Website

January 26, 2018 | Blog

The European Commission has launched a new data protection website aimed at educating the public and helping businesses and other organizations comply with their new obligations under the General Data Protection Regulation.
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Getting Past Spectre and Meltdown: A Practical Guide

January 22, 2018 | Blog

Recently, there has been a lot of discussion regarding the Spectre and Meltdown vulnerabilities. This alert provides a simple overview of what these vulnerabilities are, what systems could be affected, as well as steps that companies can take to reduce the risks that these vulnerabilities create.
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Welcome to 2018 - Here Comes the GDPR

January 3, 2018 | Blog | By Cynthia Larose

Happy 2018. You may notice a new widget in the right sidebar of our home page. Now you have a reminder as to just how close we are to the GDPR D-Day. GDPR is real. GDPR is here.
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Monthly TCPA Digest

December 20, 2017 | Blog | By Cynthia Larose

This month’s issue examines four recent rulings from Seventh Circuit trial courts regarding an FCC rule under the TCPA that mandates opt-out language on solicited faxes, or those sent with the recipient’s consent.
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Consent under the GDPR: Official Guidance Now Available

December 19, 2017 | Blog

One of the most striking changes to EU privacy law under the EU’s General Data Protection Regulation (which goes into effect May 25, 2018) is the very strict approach to user consent.
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Athletes and their Biometric Data - Who Owns it and How Can it Be Used?

December 19, 2017 | Blog | By Cynthia Larose

Biometric data is a hotbed of activity these days. We've discussed the frenetic pace at which class actions are being filed in Illinois under the Biometric Information Privacy Act. 
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Insurance Commissioners Approve Data Security Model Law

December 12, 2017 | Blog

The National Association of Insurance Commissioners (NAIC) has approved its draft of the Insurance Data Security Model Law (Model Law) via a meeting of its Executive and Plenary Committees. 
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Two Data Breach Bills Introduced in US Senate

December 11, 2017 | Blog | By Joanne Dynak, Cynthia Larose

As we near the end of a year that has seen more than its share of massive data breaches, two bills have been introduced (one re-introduced) in the U.S. Senate. 
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EU General Data Protection Regulation Webinar Series – Recordings

December 4, 2017 | Blog | By Cynthia Larose

Since last September, the Mintz Levin Privacy Webinar Series has focused on the upcoming EU General Data Protection Regulation (GDPR) to help businesses understand the reach and scope of the GDPR and prepare for the potentially game-changing privacy regulation.
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Proposed Ohio Law May Encourage Businesses to Adopt Cyber Standards

November 13, 2017 | Blog | By Alex Blutman

Recently proposed legislation in Ohio could provide businesses with special protection from lawsuits in the event of a hack under certain circumstances. Senate Bill 220 would shelter businesses that have been proactive in instituting defenses to guard against data breaches.
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HIPAA and Other Privacy Considerations at Play when Building a Health App

November 8, 2017 | Blog | By Dianne Bourque, Cynthia Larose

Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps.
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