Cynthia Larose

Cynthia Larose

Mintz Levin

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On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

12/16/2014 - Breach Notification Rule Cloud Computing Cloud-Based Services Cybersecurity Data Breach Data Protection Identity Theft Internet Personally Identifiable Information Social Security Numbers Websites

Privacy Tuesday - November 2014 #2

Here are three privacy stories to start your week - 1. Dear “financial institution” : how is your data security?! Senator Elizabeth Warren (D-Mass) announced (press release) that on November 18 the Senator...more

11/25/2014 - Black Friday Cyber Attacks Cybersecurity Data Breach Data Protection Due Diligence Financial Institutions Hackers Internet Retailers JPMorgan Chase Legislative Agendas Retailers Target Company USPS

Privacy Tuesday – November 2014 – Five Things to Start Your Week

Welcome to Privacy Tuesday – here are five privacy & security bits and bytes to start your week: 1) California AG’s Data Breach Report: Who Is Handling Your Patients’ Confidential Health Information? - The...more

11/11/2014 - Cybersecurity Data Breach Hackers Healthcare Facilities Home Depot Personally Identifiable Information PHI Social Media Target USPS

Privacy Tuesday - November 2014

Welcome to the first Tuesday in November — don’t forget to vote tomorrow! Chip-and-Pin Not Likely “Cure-All” - There is good news in the world of retail data breaches: US merchants are finally moving away from...more

11/4/2014 - Credit Cards Cybersecurity Data Breach Data Protection Retailers

Privacy Tuesday – September 2014

Happy autumnal equinox Home Depot Breach – By the Numbers: - 56 million cards at risk (compare to Target = 40 million) - $62 million in estimated costs (compare to Target =$146 million and...more

9/23/2014 - Business Associates Covered Entities Cybersecurity Data Breach HIPAA Home Depot OCR Proposed Legislation Same-Sex Marriage Target

Privacy Monday – September 2014

Back to school, back to traffic jams … back to Privacy Mondays! Our look at bits and bytes and goofs and gaffes in data privacy and security....more

9/8/2014 - Costco Cybersecurity Data Breach Health Care Providers Healthcare Home Depot Retailers Wal-Mart

Another day, another data breach…..DIYers, beware. This time it’s Home Depot.

It appears that the data breach victim of the week (perhaps of the year) is The Home Depot. Brian Krebs has reported that it appears that two large dumps of purloined credit card numbers have made an appearance on the black...more

9/4/2014 - Credit Cards Data Breach Data Protection Home Depot

Privacy Tuesday: August 2014 #2

There is another retail data breach to talk about in this Privacy Tuesday post – privacy & security bits and bytes to start your week....more

8/19/2014 - AOL Data Breach Debit and Credit Card Transactions Do Not Track Grocery Stores PCI Retailers

Privacy Tuesday – August 2014

We are just two Mondays away from Labor Day, the traditional end of summer in the United States. Here are some privacy tidbits to get your week started. See especially Jake Romero’s piece on the new Delaware data...more

8/12/2014 - Cybersecurity Data Breach Data Retention Document Destruction FCRA Gramm-Leach-Blilely Act Hackers HIPAA Personally Identifiable Information Russia

The Great Russian Internet Heist – What Now?

A breach of this nature is reportable under the breach notification laws in both California and Florida, as recently amended: “Personal Information” includes user name or email address, in combination with a password or...more

8/7/2014 - Cybersecurity Data Breach Data Protection First Glance Personally Identifiable Information Popular Russia

Privacy Tuesday - July 2014

There are quite a few privacy-related things taking effect July 1. Some reminders: Florida Amendments to Data Breach Notification Law - The Florida Information Protection Act of 2014 (“FIPA”) takes effect...more

7/1/2014 - Canada CASL Cybersecurity Data Breach FIPA Notice Requirements Privacy Policy

Privacy Tuesday – June 2014 #2

DC Update from Politico Morning Tech - “DATA BREACH DRAFT DELAYED – The thorny issue of FTC enforcement has slowed efforts to release a draft of Rep. Lee Terry’s data breach bill, according to sources close to the...more

6/24/2014 - Data Breach Enforcement FTC Internet Retailers Proposed Legislation Retailers

Privacy Tuesday – May 13, 2014

Another busy week in the privacy/security world. We have some bits and bytes to start your week: Verizon 2014 Data Breach Investigation Report – Something Old, Something New - Verizon is out with its 2014...more

5/13/2014 - Anti-Spam Legislation Canada Data Breach Notification Proposed Legislation Verizon

SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking

Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative....more

5/6/2014 - Broker-Dealer Cyber Attacks Cyber Insurance Cybersecurity Cybersecurity Framework Data Breach Data Protection Identity Theft OCIE Red Flags Rule SEC

Privacy Monday: Cinco de Mayo, 2014

Happy Cinco de Mayo! Breaking news this Privacy Monday: The fallout from the massive Target Corporation data breach continues. This morning, the Target board announced that Chief Executive Officer Gregg Steinhafel...more

5/5/2014 - AOL Cybersecurity Data Breach Debit and Credit Card Transactions Sally Beauty Target

5 Things Every Company's Data Security Program Should Include

What's the one thing every company's data security program must include? That's the question we put recently to experts in the field, knowing that, especially after Heartbleed, the diversity of responses would create an...more

4/24/2014 - Corporate Counsel Cybersecurity Cybersecurity Framework Data Breach Data Protection Heartbleed Legal Perspectives Need to Know

State Data Security Breach Notification Laws

The general definition of “personal information” or “PI” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of following data elements: (i) Social Security number,...more

4/24/2014 - Breach Notification Rule Data Breach Data Protection

Get your updated Mintz Matrix!

As our readers know, we maintain a summary of the US state data breach notification laws, which we refer to as the “Mintz Matrix.” We update the Mintz Matrix on a quarterly basis, or more frequently if developments dictate....more

4/23/2014 - Breach Notification Rule Data Breach

Privacy & Security Bits and Bytes

There has been so much news swirling in the data privacy and security world in the last few days, that it has been difficult to keep up. We’ll give you a roundup here....more

4/21/2014 - Cloud Computing Cloud-Based Services Data Breach Debit and Credit Card Transactions Facebook Google Heartbleed Michaels Microsoft Network Security Notice Requirements Personally Identifiable Information

Privacy Tuesday – April 14, 2014: Heartbleed Headaches

Last week was certainly the “week of the Heartbleed.” Unless you have been on vacation on a remote island (and if so, good for you!), you have heard and read much about the latest mass bug to infect the Internet....more

4/15/2014 - Cybersecurity Data Breach Data Protection Heartbleed Internet Privacy

FTC Data Security Authority Confirmed, For Now: Wyndham’s Motion to Dismiss Denied

The FTC’s Claim - A New Jersey federal judge has confirmed the Federal Trade Commission’s (“FTC”) authority to regulate data security and bring claims against companies suffering data breaches due to inadequate...more

4/15/2014 - Cybersecurity Data Breach Data Protection FTC Wyndham

First Glance: Legal Implications of the Heartbleed OpenSSL Bug?

The vulnerability caused by the Heartbleed bug circumvents the purpose of OpenSSL: encryption. Therefore, the conclusion would appear to be that any data breach during the time of OpenSSL vulnerability would be reportable...more

4/10/2014 - Cybersecurity Data Breach Data Protection Encryption First Glance Heartbleed HIPAA Legal Perspectives

Banks Withdraw Lawsuits Against Target and Trustwave

UPDATE to our story yesterday: In what apparently is a big “oops,” two banks that took legal action against Target over its recent data breach have withdrawn their claims. The suits were withdrawn due to an erroneous...more

4/2/2014 - Banks Data Breach Data Protection Target Trustwave

Privacy Monday – March 31, 2014 OPENING DAY!

Last Monday in March (Opening Day for you baseball fans) - some privacy/security bits and bytes to close out the month....more

3/31/2014 - Data Breach Privacy Laws Target

The Target Breach Update

It has been difficult to keep up with all the various permutations of the Target data breach saga. Yesterday, the fingerpointing continued in the form of the release of a Harris Poll and testimony on Capitol Hill at a...more

3/28/2014 - Cybersecurity Data Breach Data Protection Target

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