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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: 1/day

Last Entry: July 08, 2014 at 12:14:41

Recent Entries: 289

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FCC Letter Brief to Second Circuit Narrowly Construes Recent TCPA Guidance

Posted on July 08, 2014
We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which plaintiff class actions are thriving...


DWT Advisory: New HIPAA Reports to Congress Shed Light on OCR Enforcement

Posted on July 03, 2014
The Department of Health and Human Services? Office for Civil Rights (OCR) has issued two reports to Congress, as required by the HITECH Act. The compliance report details OCR?s enforcement activities for 2011 and 2012 and sheds light on what covered entities and business associates can expect from OCR going forward...


Federal Financial Institutions Examination Council Launches Cybersecurity Webpage and Begins Cybersecurity Assessments

Posted on July 01, 2014
?For cyber criminals, banks are especially tempting targets ? not only because banks are where the money is, but also because of the vast amount of proprietary information banks have about their customers.? Thomas J. Curry, Comptroller of the Currency In comments before the Risk Management Association?s Governance, Compliance, and Operational Risk Conference last month, Thomas J...


FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy

Posted on July 01, 2014
Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC?s major enforcement actions, policy initiatives, rules, reports, workshops, and outreach efforts in the privacy and data security arenas from approximately January 2013 until March 2014...


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??Because That?s Where the Money Is.? OCC Head Highlights Oversight of Cybersecurity for Financial Industry?Will All Vendors Cooperate?

Posted on June 30, 2014
Why are banks often tempting targets for criminals and terrorists alike? Thomas Curry, the head of the Office of the Comptroller of the Currency (OCC), recently reminded us: ??because that?s where the money is.? But what most worries the Comptroller is not a modern-day Bonnie & Clyde or John Dillinger attacking banks from without, but rather scofflaws, ?hacktivists,? terrorists and foreign regimes exploiting vulnerabilities in the financial industry?s cybersecurity and striking from within...


U.S. Steps Up Efforts to Make ?Safe Harbor Safe Again? ? FTC, Justice Department Work to Keep EU Happy and Avoid Pull Back from Safe Harbor

Posted on June 27, 2014
Within the span of two days, both the Federal Trade Commission (FTC) and the U.S. Department of Justice announced initiatives meant to assuage the European Union?s concerns over trans-Atlantic data flows and to secure Europe?s future commitment to the U...


Managing Risk in an Inhospitable Environment: The Restaurant and Hospitality Industries are an Alluring Destination for Cyber Thieves

Posted on June 19, 2014
The recent onslaught of cybersecurity incidents and payment card thefts dominate daily headlines and have captured the nation?s attention?from the diner whose credit card was compromised during a data breach to the President of the United States who recently advocated passage of national data breach legislation: everyone has a stake in this issue...


?Getting to Know You, Getting to Know All About You?? FTC Data Brokers Report Calls for More Industry Transparency, Regulation in How Data Brokers Use Consumers? Personal Information

Posted on June 19, 2014
?You may not know them, but data brokers know you,? Federal Trade Commission (FTC) Chairwoman Edith Ramirez said when she announced the release of the Commission?s newest report on the data broker industry. And in the FTC?s opinion, Congress and the data brokerage industry need to take concerted action to bring transparency to the industry, protect consumers? personally identifiable information (PII), and prevent abuse and discrimination...


Department of Energy Invites Cybersecurity Comments

Posted on June 19, 2014
In a Federal Register notice to be officially published Friday, June 20, 2014, the Department of Energy (DOE) is inviting public participation in its efforts to develop a guidance document entitled ?Energy Sector Framework Implementation Guidance.? The term ?Framework? references the Framework for Improving Critical Infrastructure Cybersecurity which was released by the National Institute of Standards and Technology (NIST) on February 12, 2014...


Government Officials Continue to Reference NIST Framework

Posted on June 18, 2014
On Thursday, June 12, 2014, while delivering remarks on cybersecurity at the American Enterprise Institute in Washington, D.C., Federal Communications Commission Chairman Tom Wheeler challenged businesses to be more proactive in addressing increasingly prevalent threats to their cybersecurity, urging them to embrace a ?new paradigm? in which the private sector takes the lead and regulators step in to address shortcomings...


SEC Commissioner Calls on Corporate Boards to Address Cybersecurity?Refers to NIST Cyber Framework as ?the Bible?

Posted on June 11, 2014
While attending the “Cyber Risks and the Boardroom” Conference at the New York Stock Exchange on Tuesday, June 10, 2014, U.S. Securities and Exchange Commissioner Luis Aguilar called on corporate boards to make sure they are taking the necessary steps to address and oversee their companies? cybersecurity risks...


UPDATE on Breslow v. Wells Fargo ? Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little Practical Effect

Posted on June 10, 2014
Just a few days ago, we reported on the Eleventh Circuit?s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the Telephone Consumer Protection Act (TCPA), if a caller or texter obtained consent from the intended recipient, but that party?s cell number was … Continue Reading


Summertime Blues: Eleventh Circuit Doubles Down on Strict TCPA Liability for Texts and Autodialed and Prerecorded Calls to Cell Phones

Posted on June 06, 2014
Over the Spring, we reported on how the Eleventh Circuit?s decision in Osorio v. State Farm brought that court into alignment with the Seventh Circuit on how restrictions in the Telephone Consumer Protection Act (TCPA) on automated and/or prerecorded calls and texts to cell phones can effectively impose strict liability, even if a calling party believed … Continue Reading


Only 4 Weeks Until Canada?s New Anti-Spam Rules Come into Force

Posted on June 05, 2014
Provisions Have Implications for US, Global Businesses Starting on July 1, 2014, key provisions of Canada?s Anti-Spam Law (CASL) governing commercial electronic messages (CEMs) will go into effect, per our advisory thoroughly analyzing CASL.  The statute and its implementing rules generally prohibit sending CEMs without the recipient?s express consent, and as noted in the advisory, … Continue Reading


Stolen Patient Information on Hospital Computer Not Considered ?Medical Information? by California Appellate Court

Posted on May 28, 2014
The California Court of Appeal recently held that the release of an index identifying hospital patients did not constitute the release of medical information under California?s Confidentiality of Medical Information Act (CMIA), Civ. Code, § 56 et seq...


UK Gives Search Engines Time to Comply With 'Right to Be Forgotten'

Posted on May 23, 2014
By Robert Stankey   The UK data protection watchdog has said that it will give search engines like Google some time to put measures in place to respond to requests to take down links in search results.   On May 20, 2014, the UK Information Commissioner's Office made its first public response to last week's Court of Justice of the European Union decision against Google and its Spanish subsidiary...


UK Gives Search Engines Time to Comply With ?Right to Be Forgotten?

Posted on May 23, 2014
The UK data protection watchdog has said that it will give search engines like Google some time to put measures in place to respond to requests to take down links in search results. On May 20, 2014, the UK Information Commissioner?s Office made its first public response to last week?s Court of Justice of the … Continue Reading


Accident, Technical Failure, or Human Error? FCC's $7.5 Million Settlement with Sprint Indicates Any and All Can Lead to Substantial TCPA Liability

Posted on May 21, 2014
New Consent Decree – the Largest Ever FCC Do-Not-Call Settlement – is Agency's Second Multimillion-Dollar TCPA Enforcement Action in As Many Weeks By Ronald London The Federal Communications Commission (FCC) announced that it settled a recent investigation of Sprint Corporation for failures to properly implement do-not-call requests and text-message opt-outs received from consumers...


Accident, Technical Failure, or Human Error? FCC?s $7.5 Million Settlement with Sprint Indicates Any and All Can Lead to Substantial TCPA Liability

Posted on May 21, 2014
New Consent Decree ? the Largest Ever FCC Do-Not-Call Settlement ? is Agency?s Second Multimillion-Dollar TCPA Enforcement Action in As Many Weeks The Federal Communications Commission (FCC) announced that it settled a recent investigation of Sprint Corporation for failures to properly implement do-not-call requests and text-message opt-outs received from consumers...


Will Individual Notice and Consent Become a Relic of the Past? The White House Report on Big Data Suggests Privacy Regulation Should Focus on Data Use, Rather than Data Collection

Posted on May 20, 2014
By Jill Valenstein   A comprehensive report on big data released by the White House on May 1, 2014, suggests that '[t]echnological advances that have driven down the cost of creating, capturing, managing, and storing information to one-sixth of what is was,' less than a decade ago, which, along with new sources of data obtained from geospatial technologies, cameras and sensors, 'make the notion of limiting information collection challenging, if not impossible...


Will Individual Notice and Consent Become a Relic of the Past? The White House Report on Big Data Suggests Privacy Regulation Should Focus on Data Use, Rather than Data Collection

Posted on May 20, 2014
A comprehensive report on big data released by the White House on May 1, 2014, suggests that ?[t]echnological advances that have driven down the cost of creating, capturing, managing, and storing information to one-sixth of what is was,? less than a decade ago, which, along with new sources of data obtained from geospatial technologies, cameras … Continue Reading


United States Charges China with Cyber-Espionage in Unprecedented Indictment

Posted on May 19, 2014
By Liz Drogula, Bob Stankey, and Brad Guyton   This morning, the U.S. Department of Justice (DOJ) announced that a grand jury in the Western District of Pennsylvania has indicted five Chinese military officials on charges of computer hacking, economic espionage, and related offenses...


United States Charges China with Cyber-Espionage in Unprecedented Indictment

Posted on May 19, 2014
This morning, the U.S. Department of Justice (DOJ) announced that a grand jury in the Western District of Pennsylvania has indicted five Chinese military officials on charges of computer hacking, economic espionage, and related offenses. The indictment marks the first time that the DOJ has filed charges against a state actor for cyber-theft and cyber-espionage … Continue Reading


Tips for Pooling Hospitality Loyalty Programs

Posted on May 16, 2014
DWT payments team members Claude Goetz and James Mann recently shared some insight about pooling hospitality loyalty programs in an article published by Law360. To read their tips, click here.


Should Have Stayed on The Farm(ville): Class Action Plaintiffs' ECPA Claims Put Out to Pasture

Posted on May 15, 2014
By Lance Koonce   Ah, to be a class action plaintiff these days. One day you're up, plowing through the Northern District of California on expansive theories of injury, the next you're down, upended like a top-heavy apple cart by a failure to properly plead your claims under the relevant statute...


FCC Proposes Nearly $3M TCPA Fine Against "Robocalling" Platform for 184 Calls

Posted on May 15, 2014
The Federal Communications Commission (FCC) issued a Notice of Apparent Liability (NAL) to Dialing Services LLC, finding the company apparently liable for 184 prerecorded calls to cell phones in violation of the Telephone Consumer Protection Act (TCPA) and related FCC rules, and proposing to fine the company $2,994,000, the maximum allowed by statute...


Should Have Stayed on The Farm(ville): Class Action Plaintiffs? ECPA Claims Put Out to Pasture

Posted on May 15, 2014
Ah, to be a class action plaintiff these days. One day you?re up, plowing through the Northern District of California on expansive theories of injury, the next you?re down, upended like a top-heavy apple cart by a failure to properly plead your claims under the relevant statute...


FCC Proposes Nearly $3M TCPA Fine Against ?Robocalling? Platform for 184 Calls

Posted on May 15, 2014
The Federal Communications Commission (FCC) issued a Notice of Apparent Liability (NAL) to Dialing Services LLC, finding the company apparently liable for 184 prerecorded calls to cell phones in violation of the Telephone Consumer Protection Act (TCPA) and related FCC rules, and proposing to fine the company $2,994,000, the maximum allowed by statute...


Brazil Enacts "Internet Bill of Rights," Including Net Neutrality and Privacy Protections

Posted on May 14, 2014
By Robert Stankey   Brazil's long-debated 'Internet Bill of Rights' has finally become law. The legislation, which passed the Brazilian Senate unanimously in April, is intended to secure equality of access to the Internet in Brazil—i.e., Net Neutrality—and provide privacy protections for Brazilian users of the Internet...


European Union's Highest Court Rules Google Must Remove Links Containing Personal Data

Posted on May 14, 2014
By Thomas R. Burke, Robert D. Balin, and Ambika K. Doran In a significant and concerning decision, the European Court of Justice ('ECJ') has endorsed the so-called 'right to be forgotten' and ruled that, in some circumstances, search engines can be compelled to remove search result links to websites, news articles, court records and other documents that reveal truthful information about individuals—even when the information is not prejudicial and has been posted lawfully...


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