August 1, 2016| Blog
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.
July 26, 2016| Blog
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.
July 19, 2016| Blog
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.
Fizzled Suit Against Target Officers and Directors Raises Question as to the Value of Derivative Claims in Data Breach Cases
July 13, 2016| Blog
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.
July 12, 2016| Blog
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.
July 11, 2016| Blog
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.
July 11, 2016| Blog
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.
July 1, 2016| Blog
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.
June 27, 2016| Blog
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).
June 24, 2016| Blog
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.
June 22, 2016| Blog
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.
June 21, 2016| Blog
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.
June 21, 2016| Blog
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.
June 20, 2016| Blog
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.
June 20, 2016| Blog
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.
Practice Fusion and FTC Settle Complaint Over Deceptive Statements About the Privacy of Consumer-Generated Online Content
June 17, 2016| Blog
Last week, the Federal Trade Commission (FTC) announced (press release) that Practice Fusion, the largest cloud-based electronic health company in the United States, has agreed to settle FTC charges over deceptive practices involving the public disclosure of healthcare provider review information collected from consumers that included sensitive personal and medical information.
June 14, 2016| Blog
Sophisticated phishing scams and muscular hacking efforts continue to compromise personal and sensitive information held by insurers, hospital systems, and businesses large and small.
June 2, 2016| Blog
In this edition of the “Innocents Abroad” series, Susan Foster discusses the privacy considerations that come into play when an employee loses a laptop containing customer data abroad!
June 1, 2016| Blog
In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal tossed the California Attorney General’s CalOPPA enforcement action against Delta Airlines, affirming the lower court’s 2013 dismissal of the case with prejudice.
May 24, 2016| Blog
Mintz Levin's Immigration Law Blog is running a series titled "Innocents Abroad" addressing issues in an increasingly globalized economy where employers assign employees all over the globe.
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