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The View from London: European Parliament Publishes Proposal for Revised Draft of EU Data Protection Regulation

January 10, 2013 | Blog | By Cynthia Larose

The European Parliament recently published a report on the European Commission’s draft of a new EU Data Protection Regulation. The report, which includes the European Parliament’s proposal for a revised draft of the Regulation runs to an astounding 215 pages. 
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#3 in our 2013 Issues Series: Privacy of Mobile Applications

January 8, 2013 | Blog | By Cynthia Larose

As we continue our "new year, new look" series into important privacy issues for 2013, we boldly predict:
Regulatory Scrutiny of Data Collection and Use Practices of Mobile Apps Will Increase in 2013
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Words of Warning: "No breach too small"

January 4, 2013 | Blog | By Cynthia Larose

The Department of Health and Human Services, Office for Civil Rights (OCR) reached its first settlement for a data breach involving less than 500 individuals. Under the December 2012 settlement, the Hospice of North Idaho (HONI) will pay OCR a $50,000 penalty to resolve allegations that it violated the HIPAA Security Rule. 
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First of a series (updated): Issues for 2013

January 3, 2013 | Blog | By Cynthia Larose, Adam Veness

Happy New Year! We are beginning this week with a series of top Privacy and Security issues for 2013, as we see them. Let's start with an issue of interest to publicly traded companies, or companies considering going public in 2013 - a reminder that cybersecurity issues are of interest to the Securities and Exchange Commission (SEC) and are a shareholder disclosure issue.  
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Updated COPPA Rule - "Strong, Stronger and Yet Stronger" or Just More Confusion?

December 21, 2012 | Blog | By Cynthia Larose

After years of consideration and feedback the Federal Trade Commission released the final revision to the 14-year old Children’s Online Privacy Protection Act (COPPA) Rule. 
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Nickelodeon Target of Privacy Complaint; Final COPPA Amendments to be Released Tomorrow

December 18, 2012 | Blog | By Cynthia Larose

The Center for Digital Democracy (CDD) filed a complaint yesterday asking the Federal Trade Commission (FTC)  to investigate violations of the Children’s Online Privacy Protection Act (COPPA) by Nickelodeon and mobile app-maker PlayFirst.
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"Fly Delta" May Get Grounded by California Attorney General

December 10, 2012 | Blog | By Cynthia Larose

Delta Airlines, Inc. may have to pay fines equal to 20 “excess bag” fees for each user that has downloaded its “Fly Delta” mobile application. California Attorney General Kamala Harris has filed a complaint against Delta, alleging that Delta has failed to conspicuously post a privacy policy on its mobile application, in violation of California’s Online Privacy Protection Act (“CalOPPA”).
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The Tale of Two Banks: Final Settlement in Maine Bank Security Practices Case and a Failure of Bank Security Procedures in Florida

December 5, 2012 | Blog | By Cynthia Larose

People's United Bank of Maine has agreed to pay about $ 390,000 to settle a claim that its security practices allowed unauthorized persons to withdraw funds from a construction company's account (Patco Construction Co. v. People's United Bank, D. Me., No. 09-503, agreed dismissal filed 11/19/12).
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Data Privacy and Security Issues for the Nonprofit

December 5, 2012 | Blog | By Cynthia Larose

Can your organization answer "yes" to any of the following questions?
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OCR Issues Guidance Methods for De-Identification of PHI Under HIPAA

November 29, 2012 | Blog | By Cynthia Larose

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has released guidance on the methods that covered entities and business associates can use to de-identify protected health information (PHI) in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. 
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The Unforeseeable Transaction: Apple Argues that the California Song-Beverly Credit Card Act Should Not Apply To Online Retailers

November 20, 2012 | Blog | By Cynthia Larose

When is a gallon of gas like an iTunes track? That may sound like a riddle from a Lewis Carroll novel, but it was one of the questions considered by the California Supreme Court during oral arguments in Apple v. Superior Court (Krescent) as Apple, Inc. attempted to persuade the Court that the Song-Beverly Credit Card Act of 1971, which prohibits retails from recording a customer’s personal identification information as a condition of accepting a credit card payment, does not apply to online retailers.
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From Brussels: The New EU Data Protection Regulation -- Will they or won't they? And if so, when?

November 19, 2012 | Blog | By Cynthia Larose

Sometimes the most interesting things that emerge from conferences are whispered across the aisle just after a presentation or debated by attendees off-site over a glass or two of wine.
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California's AG Puts Mobile Apps on Notice

November 6, 2012 | Blog | By Cynthia Larose

If a haunted house or trick-or-treating was your scariest experience last week, you must not be one of the 100 mobile application developers who received a notice of non-compliance from California Attorney General Kamala D. Harris. 
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The FTC Fires Back Against Wyndham

November 2, 2012 | Blog | By Cynthia Larose

The Federal Trade Commission (the “FTC”) has filed its response to the Wyndham Hotel & Resorts LLC’s (“Wyndham”) Motion to Dismiss. 
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Barnes & Noble PIN Pad Devices Hit By Hackers

October 25, 2012 | Blog | By Cynthia Larose

As the New York Times reports, Barnes & Noble disclosed this week that it learned over one month ago – on September 14 – that hackers broke into point of sale PIN pad devices at 63 Barnes & Noble stores around the country and stole credit and debit card information for customers who had made purchases at those stores.
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Court Decision in Sony PlayStation Data Breach Case Places Burden on Plaintiffs to Allege Actual Damages

October 17, 2012 | Blog | By Cynthia Larose

Class action plaintiffs asserting claims against Sony in connection with the 2011 Sony PlayStation Network (“PSN”) data breach face permanent dismissal of their claims unless they can allege actual losses resulting from the breach.
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Centers for Medicare & Medicaid Services (CMS) Falls Short in Response to Healthcare Data Breaches

October 13, 2012 | Blog | By Cynthia Larose

Last week, the U.S. Department of Health and Human Services Office of Inspector General (OIG) released the results of a study entitled CMS Response to Breaches and Medical Identity Theft.
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Online and Off-Limits: New California Legislation Prohibits Employers from Requiring Access to Social Media Accounts of Employees

October 8, 2012 | Blog | By Cynthia Larose

Facebook announced last week that it now has upwards of 1 billion active users. That same week, over 10 million Twitter messages were sent during the U.S. presidential debate.
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Two Upcoming Privacy Events

October 4, 2012 | Blog | By Cynthia Larose

We have two "Save the Date" announcements today - for registration information click on the links below:
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State Data Breach Notification Matrix Update - Texas and Connecticut

October 3, 2012 | Blog | By Cynthia Larose

It’s time for an updated version of our “Mintz Matrix” – the Mintz Levin matrix of state data security breach notification laws. We update this matrix quarterly, or as developments dictate.
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