Colin J. Zick

Colin J. Zick

Foley Hoag LLP

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The Cybersecurity Act of 2015: Implications for Threat Sharing

On December 18, 2015, President Obama signed the Cybersecurity Act of 2015 (The “Act”), legislation designed to combat online threats to the federal government, state and local governments, and private entities. Within the...more

2/4/2016 - Cyber Threats Cybersecurity Cybersecurity Information Sharing Act (CISA) Exemptions Government Entities New Legislation Private Sector

EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

What follows below is the EU’s press release regarding the agreement on a replacement for the EU-US Safe Harbor. We are working to get details and will schedule a webinar on the new framework shortly....more

2/3/2016 - Data Protection Authority EU EU-US Privacy Shield European Commission European Court of Justice (ECJ) FTC International Data Transfers Personal Data Press Releases Surveillance U.S. Commerce Department US-EU Safe Harbor Framework

EU Safe Harbor Update: No Solution in January?

As we have noted previously, in the wake of the ECJ’s decision that undid the US-EU Safe Harbor, we were told that there would be no enforcement of the EU Directive until after January 31, to allow the US and EU to hammer out...more

1/19/2016 - Article 29 Working Party (WP29) Enforcement EU EU Data Protection Laws EU Directive International Data Transfers Moratorium US-EU Safe Harbor Framework

Phishing for Christmas

As the Wall Street Journal noted yesterday, banks are being deluged with phishing attacks. These attacks are especially fierce around the holiday season, when more personnel are absent and normal procedures are ignored or...more

12/23/2015 - Banks Email FBI Phishing Scams Popular Security and Privacy Controls Social Media Wire Transfers

The European Court of Justice Invalidates Safe Harbor

The European Court of Justice has just issued a decision (ECJ 6 October 2015 Case C-362/14, Maximillian Schrems v. Data Protection Commissioner) that invalidates the so-called US-EU “Safe Harbor” system. Suddenly, what 3,500...more

10/7/2015 - Binding Corporate Rules Data Privacy Data Protection Authority Data Security Edward Snowden EU EU Data Protection Laws European Commission European Court of Justice (ECJ) International Data Transfers Personal Data SCC Surveillance U.S. Commerce Department US-EU Safe Harbor Framework

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

10/1/2015 - Cyber Attacks Cyber Threats Cybersecurity Data Breach Data Collection Data Privacy Data Protection Data Security FTC FTC v Wyndham Hackers Identity Theft Personally Identifiable Information Privacy Policy SEC Unfair or Deceptive Trade Practices

Reflections on “Privacy in the Modern Age”

With the heart of the summer vacation season upon us, it seems like a good time for some reflection. Here, it comes in the form of excerpts from an essay by privacy maven, Deborah Hurley. The one time Director of the Harvard...more

7/1/2015 - Human Rights Code Privacy Concerns Privacy Laws Right to Privacy

Surprise Bills Laws Enacted in California and New York

What Do They Mean for Providers? - Both California and New York have recently enacted so-called “Surprise Bills Laws” that require out-of-network providers to give notice to patients that a particular item or service...more

5/13/2015 - Billing Health Insurance Healthcare New Legislation Out of Network Provider

Massachusetts Legislation Proposes Cost Disclosures and Price Caps for Prescription Drugs

The Massachusetts Legislature is currently considering Senate Bill 1048, “An Act to Promote Transparency and Cost Control of Pharmaceutical Drug Prices.” The bill, sponsored by State Senator Mark Montigny, Vice Chair of the...more

4/29/2015 - Disclosure Requirements Healthcare Pending Legislation Pharmaceutical Industry Prescription Drugs

Now's the Time to Review Your OFAC Compliance Program

Obama Executive Order Targets International Cyberattacks Against U.S. with New Sanctions - New Sanctions Are Part of U.S. Escalation of Efforts to Bolster Cyber-Security: As part of a series of measures aimed at...more

4/8/2015 - Barack Obama Blocked Person Cyber Attacks Cybersecurity Executive Orders National Security OFAC Sanctions SDN List

HIPAA Compliant Technology and the Importance of Encryption

We welcome this guest blog by Gene Fry, Compliance Officer, Scrypt, Inc. The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting sensitive patient data. This means that any...more

2/24/2015 - Business Associates Covered Entities Cybersecurity Data Breach Data Protection Electronic Medical Records Electronically Stored Information Encryption HIPAA HITECH PHI

Update on President Obama’s “Summit on Cybersecurity and Consumer Protection,” Part II: The Executive Order

As a follow up to our summary of the key takeaways from the White House’s first Summit on Cybersecurity and Consumer Protection, the centerpiece of which was President Obama’s signing of a new Executive Order, “Promoting...more

2/18/2015 - Barack Obama Cybersecurity Cybersecurity Framework Cybersecurity Summit Executive Orders Information Sharing Private Sector

SEC Office of Compliance Inspections and Examinations Releases Cybersecurity Examination Sweep Summary of Investment Advisers and...

Our colleagues Catherine M. Anderson and Kate Leonard of our Investment Management group have summarized the February 3, 2015 findings by the Office of Compliance Inspections and Examinations (OCIE) of its Cybersecurity...more

2/6/2015 - Broker-Dealer Cybersecurity Investment Adviser OCIE Risk Alert SEC

FDA Issues Draft Guidance on Medical Device Accessories

On January 16, 2015, the Food and Drug Administration (FDA) issued a draft guidance document titled “Medical Device Accessories: Defining Accessories and Classification Pathway for New Accessory Types.” The draft guidance...more

1/23/2015 - Draft Guidance FDA Medical Devices

Life Sciences Alert FDA Issues Draft Guidance on General Wellness Products

On January 16, 2015, the Food and Drug Administration (FDA) issued a draft guidance document titled “General Wellness: Policy for Low Risk Devices.” The draft guidance carves out a category of products, deemed “general...more

1/23/2015 - Draft Guidance FDA FDCA Life Sciences Software Wellness Programs

One More New Year’s Resolution: Change Your Passwords Before Groundhog Day

The SplashData list of worst passwords of 2014 was just published, and it looks very similar to the list in 2013, 2012, 2011, etc...more

1/20/2015

Both Sides Now: Cloud Security and Privacy Enter the Modern Era with ISO 27018

Until recently, many cloud users felt like Joni Mitchell in her classic song, “Both Sides Now.” No matter how you looked at clouds, you never really understood them, how they worked, or what happened inside them. Cloud...more

12/15/2014 - Cloud Computing Data Protection Data Storage Providers

NLRB Disregards Security Concerns in Ruling That Employees Have a Right to Use Employers’ Email Systems for Non-Business Purposes

Our colleages have analyzed a significant NLRB decision in Purple Communications Inc. that, in most circumstances, employees have a right to use employer email systems for non-business purposes during non-working time. This...more

12/15/2014

New Rule Permits CMS to Revoke Medicare Billing Privileges for Providers/Suppliers with “Pattern or Practice” of Denied Claims

On December 5, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a final rule titled “Requirements for Medicare Incentive Reward Program and Provider Enrollment” (“the Rule”). The Rule implemented several...more

12/11/2014 - Billing Claims Processing Systems Clinical Laboratories CMS Final Rules Health Care Providers Health Insurance Healthcare

The FTC Wants to Regulate the Internet of Things, Including Your Car

The FTC recently filed a comment on the National Highway Traffic Safety Administration’s advance notice of proposed rulemaking related to vehicle-to-vehicle communications. The comment left no doubt that the FTC wants to...more

10/28/2014 - Auto Manufacturers Automotive Industry Digital Communications FTC Internet of Things NHTSA Rulemaking Process

FDA Flunks Data Security Exam

Last week, the HHS Office of Inspector General released a damning report on FDA’s data security: “The objective of this review was to determine whether the FDA’s network and external Web applications were vulnerable to...more

10/28/2014 - Cyber Attacks Cybersecurity Data Protection FDA OIG

Data Breach Prevention and Response: Avoiding Potential Pitfalls and Implementing Best Practices to Protect Your Company

In This Presentation: - Overview of data breach landscape - Data breach response ..Technical best practices ..Legal best practices - Data breach prevention ..Technical best practices ..Legal best...more

10/27/2014 - Best Management Practices Data Breach Data Protection Risk Assessment Risk Management

FCC Enters the Data Security Enforcement Field with $10 Million Fine on Telecoms

In a first for the FCC, it announced on October 24 that it intends to fine two telecom companies $10 million for data security violations...more

10/27/2014 - Corporate Fines Data Protection FCC Personally Identifiable Information Telecommunications

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