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The Privacy and Security Law Blog The Privacy and Security Law Blog

Daily analysis of data security and privacy issues.

Post Frequency: 2.4/day

Last Entry: March 02, 2015 at 16:12:39

Recent Entries: 369

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President Obama?s Proposed Privacy Bill of Rights, Part 1: Personal Data, De-Identification, and Retention Requirements

Posted on March 02, 2015
On Friday, Feb. 27, the Obama administration unveiled a proposed Consumer Privacy Bill of Rights that would require businesses to be more transparent in privacy practices, and provide individuals certain rights aimed at helping individuals understand how businesses collect, use, and share personal information...

Webinar: Re-Identification Risks for Credit Card Data

Posted on February 27, 2015
Join us March 10 at 1PM EST (10AM PST) for Re-identification Risks for Credit Card Data,featuring DWT payments team membersChristin McMeley and Brian Hurhas wellasKhaled El Emam, Founder and CEOof Privacy Analytics. An article was published recently inScience magazine claiming that it is ?easy? to re-identify credit card transaction data that has been anonymized...

GAO Puts Cybersecurity and Privacy High Atop High Risk List

Posted on February 19, 2015
Agency Assessment Comes as President Signs Executive Order Increasing Cyber Sharing with the Private Sector Late last year, this post speculated whether 2015 would become ?the Year of Cybersecurity.? Though 2015 is still young, it certainly feels like the prediction was accurate given the continued attention that cybersecurity is receiving from the White House, Congress, and federal agencies like the Government Accountability Office (?GAO?)...

Rewind and Replay: Plaintiffs Appeal Dismissal of VPPA Suits against Viacom, Google and Dow Jones

Posted on February 19, 2015
Plaintiffs in two recently dismissed class actions alleging violations of the Video Privacy Protection Act (?VPPA?) filed notices of appeal this week, asking the Third and Eleventh Circuit Courts of Appeals to hit the rewind button and review the merits of their respective claims...

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PCI Council: SSL Will No Longer Be Sufficient for E-Commerce

Posted on February 12, 2015
In the latest edition of the PCI Council?s Assessor Newsletter, the Council previewed a proposed change related to the use of Secure Socket Layer (SSL) protocol for encrypting communications between your website?s e-commerce shopping cart and your customers? computers...

2015 Edition of HIPAA Regulations Now Available

Posted on February 11, 2015
For your convenience, a bookmarked-version of the most current HIPAA regulations is availablehere. It includes 2014 changes to the HIPAA regulations in the Code of Federal Regulations, including: (1) the current compliance date (Oct. 1, 2015) for ICD-10 implementation; and (2) the Privacy Rule?s deletion of the Clinical Laboratory Improvement Amendments (?CLIA?) exception to individuals? right of access to their protected health information...

Advisory Alert: What the Anthem Breach Means to Employers

Posted on February 11, 2015
On Feb. 4, 2015, Anthem announced a data breach involving the personal information of more than 80 million individuals resulting from what it characterized as a sophisticated, targeted cyber-attack. Group health plans may be affected because Anthem: (1) provides insured health benefits; (2) administers health benefits for a self-insured plan; or (3) administers out of area/network claims...

White House Big Data Working Group Claims ?Significant Progress? On Executive Branch Privacy Initiatives, But Blames Congress and Big Data Stakeholders for Delaying Important Privacy Legislation and Voluntary Actions

Posted on February 11, 2015
On February 5 the White House big data and privacy working group released an ?Interim Progress Report? (hereinafter ?the Interim Report?) summarizing its ?progress in furthering the majority of the recommendations made? in its May?s 2014 report, ?Big Data: Seizing Opportunities, Preserving Values? (hereinafter ?the Big Data Report?), discussed here...

New Jersey Amends ?Do Not Call? Law, Eases Prohibition on Telemarketing to Cell Phones

Posted on February 10, 2015
In a somewhat significant departure from prior law, New Jersey Governor Chris Christie signed into law a bill to immediately amend the state?s telemarketing sales call rules to expand the ability of companies to make telemarketing calls to consumers? mobile devices...

Advisory Alert: HIPAA Confusion Leading to Litigation

Posted on February 05, 2015
Recent changes to HIPAA have led to confusion, with a significant number of attorneys claiming that they are entitled to a lower ?HIPAA rate? for copies of medical records. While the issue may seem arcane, this confusion is becoming the subject of litigation against covered entities and their release-of-information vendors...

Farewell, Federal Cybersecurity Incentives?

Posted on February 04, 2015
AdministrationTakesPrivate Sector Incentives Off the Table,WhileObama Calls for $14 Billion in FY 2016 Budget to Strengthen Government?s Cybersecurity Efforts The White House?s Cybersecurity Coordinator Michael Danielannouncedon Mondaythatthe government will not offer incentives for private sector businesses to adoptthe National Institute of Standards and Technology?s (NIST)Cybersecurity Framework...

Advisory Alert: FTC Staff Report on Internet of Things

Posted on February 03, 2015
The Federal Trade Commission released its much anticipated staff report on January 27 regarding consumer privacy and data security concerns arising from the emerging market for connected devices known as the Internet of Things (?IoT?). Titled ?The Internet of Things: Privacy and Security in a Connected World,? the FTC?s report (the ?Report?) builds on the FTC?s November 2013 IoT Workshop and focuses on issues arising from the estimated 25 billion consumer-facing IoT devices expected to be connected by the end of this year...

When Try, Try Again Does Not Succeed: FTC Denies AgeCheq, Inc.?s Second Parental Consent Application Under COPPA

Posted on January 30, 2015
The Federal Trade Commission announced that is has denied AgeCheq, Inc.?s second proposed verifiable parental consent method under the FTC?s Children?s Online Privacy Protection Act (COPPA) Rule. After trying but failing last year to gain FTC approval for a third-party common consent administrator mechanism, AgeCheq offered a new proposal, which would have allowed parents to access and submit an online ?sign and send? form to a third party intermediary?s online verification portal...

Quoth the Maven: ?Without More!? Federal Judge Dismisses Dow Jones VPPA Class Action, While Hulu Parties Square off Over ?Knowingly?

Posted on January 30, 2015
A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues around the country who have told plaintiffs looking to bring a claim under the Video Privacy Protection Act (?VPPA?) that if the data plaintiffs allege was improperly shared cannot, ?without more,? personally identify particular persons, then the claim fails...

When Plaintiffs Try to Fit Square Pegs in Round Holes ? U.S. District Court Ends VPPA, State Law Class Action Against Viacom, Google

Posted on January 29, 2015
On Tuesday, Jan.20, New Jersey Federal District Judge Stanley R. Chesler dismissed with prejudice the last remaining allegations in a multidistrict class action against Viacom and Google, formally ending plaintiffs? suit accusing the Internet and multimedia companies of tracking children?s Internet usage and disclosing their video-viewing activities without consent and in violation of state and federal law...

Adam Greene Named One of the Top 10 Influencers in Health Information Security

Posted on January 29, 2015
Adam Greene was named one of the Top 10 Influencers in health information security by HealthCareInfo Security, a leading industry website whose editorial board ?made the selections of the Influencers based on the impression they’ve left over the last year, as well as the impact we expect them to have in 2015 and beyond...

Law360 Talks to Christopher Avery About New York?s Data Security Proposal

Posted on January 28, 2015
Last week we summarized the four must-know things regarding the New York Attorney General?s new data security proposal. Commentary still surrounds the proposal and has wide appeal. Christopher Avery offered the following insights to Law 360: “The 47 state breach notification laws are reactive?But the New York proposal, instead of being reactive, is focusing on what are the things that companies can be doing in advance to eliminate the breaches that result in those notifications...

New FTC Report on IoT Maintains Need for Baseline Privacy Legislation and Begins to Recognize Limitations of FIPPS in a Connected World

Posted on January 27, 2015
The Federal Trade Commission released its long awaited staff report on privacy and security issues presented by the emerging market for connected devices, also known as, the Internet of Things (?IoT?) (the ?Report?) this morning. The report follows up on the Workshop held in November 2013 and defines the IoT as ?devices or sensors ? other than computers, smartphones, or tablets ? that connect, store or transmit information with or between each other via the Internet...

FTC Director Rich: Greater Transparency Needed in Post-Mad Men Era of Online Advertising

Posted on January 23, 2015
The world of the popular television show Mad Men may be glamorous, but according to the Director of the Federal Trade Commission?s Bureau of Consumer Protection, Jessica Rich, it depicts more fiction than fact about modern advertising practices which has moved online and depends on vast amount of customer data...

World Economic Forum Releases Framework to Quantify Cyber Threats

Posted on January 22, 2015
In conjunction with its annual meeting this week, the World Economic Forum released a report on its current efforts to develop a common framework to model and quantify the impact and risk of cyber threats. The report highlights that ?even well-guarded [organizations] face the threat of a cyberattack...

4 Things You Must Know About the New York Attorney General?s New Data Security Proposal

Posted on January 16, 2015
Fast on the heels of President Obama?s proposal to create a national data breach notification standard, yesterday, New York Attorney General, Eric Schneiderman announced that he will propose legislation that would significantly strengthen New York?s existing data security laws and establish new consumer privacy protections...

President Obama Proposes National Data Breach Law, Unveils New Consumer and Student Privacy Initiatives

Posted on January 15, 2015
On January 12 President Obama visited the Federal Trade Commission (?FTC?) where he unveiled several new data security and privacy initiatives, including proposed legislation to create a national data breach notification law and strengthen student privacy...

The Future of FTC Data Security

Posted on January 13, 2015
Earlier this month, Peter Karanjia discussed the future of FTC Data Security surrounding the Wyndham ruling. ?What business really needs here is clear rules of the road, and unfortunately when there?s after-the-fact enforcement like this based on broad concepts like unfair practices, that doesn?t provide the clarity that business needs...

Latest PCI Standards Pushes Toward Risk Management

Posted on January 13, 2015
In today?s Compliance Week, Christopher Avery discussed the latest PCI Data Security Standard (PCI-DSS). ?There are a still a large number of organizations that look at PCI DSS as just a compliance obligation with point-in-time assessments,? says Christopher Avery, a data security expert with the law firm Davis Wright Tremaine...

Cybersecurity: The Human Factor

Posted on January 06, 2015
Financial institutions are under a constant and growing cyber assault from hacktivists that want to cause online mischief, criminals that want to steal consumer data and nation-states that are looking for a military, political or economic advantage. In this increasingly costly war, the focus is often on the latest hardware, software and analytics to fortify the defenses...

Legal Departments: Are You Ready for The New PCI DSS Requirements?

Posted on December 30, 2014
Starting Jan. 1, 2015, the Payment Card Industry Data Security Standard (PCI DSS) Version 3.0 (click-through agreement required) will replace Version 2.0. The PCI DSS is a set of requirements developed by the four major credit card networks andis designed to enhance the security of credit card transactions and cardholder data...

Advisory Alert: A Corporate Counsel?s Guide to Cyber Insurance

Posted on December 29, 2014
On an almost daily basis, you are reminded of why you should worry about the security of your company?s data and information systems. Whether it be from headlines in hard copy, broadcast, or online media, your senses have been slammed with one sensational story after another about increasingly massive data breaches...

Congress Funds Cybersecurity: Spending Bill Allocates over $1 Billion to Cybersecurity

Posted on December 18, 2014
The final spending bill of the 113th Congress, which keeps the government doors open until September 30th of 2015, was passed by the House on December 11th, the Senate on the 13th, and signed by the President on December 16th. It is a $1.1 trillion omnibus spending bill that will direct well over $1 billion toward cybersecurity...

Congress Confirms NIST?s Role in Cybersecurity ? and the Continuation of the Cybersecurity Framework

Posted on December 18, 2014
The Cybersecurity Enhancement Act of 2014 (CEA) was passed by the House and the Senate on December 11th, and signed by the President on the 18th. The bill formalizes the role of the National Institute for Standards and Technology (NIST) in continuing to develop the voluntary Cybersecurity Framework...

Congress Passes Cybersecurity Workforce Legislation

Posted on December 18, 2014
The Border Patrol Agent Pay Reform Act of 2014 was passed by the Senate on September 18th, by the House on December 10th, and signed by the President on December 18th. It contains provisions from the Cybersecurity Workforce Recruitment and Retention Act of 2014, which allows the Secretary of the Department of Homeland Security (DHS) to establish cybersecurity positions within DHS to better meet its cybersecurity mission...

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