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

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

Nude Photos and National Cyber Security Awareness Month

October is National Cyber Security Awareness Month. This is an opportunity to remind employees (and yourselves) about how to keep corporate networks and their own cyber lives secure. All month, we will post articles that...more

10/3/2014 - Cloud Computing Cybersecurity Data Protection

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

“Backoff” Update — More Widespread, PCI Council Issues Call to Action — If You Accept Credit Cards Via Point-of-Sale, You Need to...

Some weeks ago, we wrote a piece “What You Need to Know About Backoff Malware: The New Threat Targeting Retailers” . It’s apparently gotten worse. Any business utilizing point-of-sale (POS) terminals for “swiping” credit...more

8/28/2014 - Credit Cards Cybersecurity Data Protection Point of Sale Terminals Retailers

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 #3

We are now officially in the throes of “midsummer” on this Privacy Tuesday. And, on occasion in the data privacy world, we agree with Will Shakespeare’s words….“Lord, what fools these mortals be!”...more

7/22/2014 - Data Protection Privacy Laws

Privacy Tuesday: June 2014

Welcome to another week, and our Privacy Tuesday look at top issues. California Attorney General Puts the Focus on the Consumer - As we have discussed, the California Online Privacy Protection Act was amended,...more

6/10/2014 - CalOPPA Data Collection Data Protection Heartbleed Privacy Policy Right to Privacy

Making Privacy Practices Public: the California Attorney General’s New Guidelines Keep the Focus on the Consumer’s Perspective and...

In 2013, the California Online Privacy Protection Act (CalOPPA) was amended to require web sites and other online services to make additional privacy policy disclosures related to online tracking transparency. Within the...more

6/6/2014 - CalOPPA Data Protection Disclosure Requirements Do Not Track Internet Privacy Policy Websites

Privacy Tuesday – June 3, 2014

The first Tuesday in June is also the first Tuesday of meterological summer -and a welcome sight after a brutally-long winter for many of our readers. So, here’s to a happy Summer! Google Receives 12,000 Take-Down...more

6/3/2014 - Cybersecurity Data Protection Facebook Google HIPAA Internet Search Engines WhatsApp

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

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

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

Is Your HIPAA Compliance Program Going Out the Window with XP?

April 8, 2014 marks the end of Microsoft’s support for the Windows XP operating system, which means the end of security updates from Microsoft and the beginning of new vulnerability to hackers and other intruders into systems...more

4/9/2014 - Compliance Data Protection HIPAA Technology

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

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

Privacy Monday – March 24, 2014

Welcome to March Madness — although if your brackets look anything like mine do this morning, it is not particularly “welcome.” Let’s just say that there is no danger of my winning Warren Buffet’s $1 billion....more

3/24/2014 - Data Breach Data Protection Privacy Laws

Privacy Monday – February 24, 2014

On this Privacy Tuesday: US Attorney General Puts Pressure on Congress for Data Breach Disclosures - Today, US Attorney General Eric Holder urged Congress to pass legislation requiring retailers to make...more

2/25/2014 - Data Breach Data Protection Disclosure Requirements Privacy Laws

“Sophisticated” Breach Exposes 300,000 Student Records at University of Maryland: 3 Questions You Should Ask

Officials at the University of Maryland (“University” or “UMD”) announced that UMD was the victim of a significant security breach that took place on Tuesday, February 18 (the “Breach” or “Incident”). The Incident,...more

2/21/2014 - Cyber Attacks Data Breach Data Protection Hackers Student Records Universities

BNA Privacy and Security Law Report

Target Corp. announced Dec. 19, 2013, that it had discovered an intrusion that may have compromised approximately 40 million customer payment cards used at its U.S. stores from Nov. 27 to Dec. 15, 2013 (12 PVLR 2133,...more

1/29/2014 - Data Breach Data Protection Target

Data Privacy Day 2014

The “observance” of Data Privacy Day annually on January began in 2008. The National Cyber Security Alliance (NCSA) will be kicking off today’s events with a live stream of its press conference in Washington, DC. ...more

1/28/2014 - Cybersecurity Data Breach Data Protection

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