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Responding To National Security Letters That Ask For Personal Information

National Security Letters (“NSLs”) refer to a collection of statutes that authorize certain government agencies to obtain information and simultaneously impose a secrecy obligation upon the recipient of the letter. Four...more

Healthcare Business Associates

The Health Information Technology for Economic and Clinical Health (“HITECH”) Act modified the Health Insurance Portability and Accountability Act (“HIPAA”) by expanding the definition of Business Associates (“BA”) and their...more

Organizing Data Privacy Within A Company

Although organizations have dealt with privacy issues for years, only in the past decade have they begun to view the complexities of privacy as requiring formal organizational structure, dedicated employees, and/or dedicated...more

EU Retail News - June 2017

2017 is shaping up to be the year that the UK's Committee of Advertising Practice ("CAP") puts its foot down on how companies can advertise to children online. In recent months, CAP has published a multitude of guidance to...more

Companies Perceived By The FTC as Top Violators

As discussed in previous articles, the FTC collects complaints about organizations that allegedly violate the data privacy, data security, advertising, and marketing laws. Each month the FTC creates a “Top Violators”...more

Ten practical steps companies should take to implement GDPR

For those looking to implement GDPR ahead of time, here's a quick round up of the steps you should be looking to take. With the regulation only going into force 25 May 2018, there’s still time time to implement GDPR....more

FTC Tracking Of Privacy Complaints

The FTC collects complaints about companies that allegedly violate the data privacy, data security, advertising, and marketing laws. The result is a massive database of consumer complaints known as “Consumer Sentinel” that is...more

Credit Card Breaches: A How-To Guide

For most retailers credit cards are the primary form of the payments that they receive. Accepting credit cards, however, carries significant data security risks and potential legal liability....more

Vehicle Event Data Recorders

Event data recorders, also known as “black boxes” or “sensing diagnostic modules,” capture information such as the speed of a vehicle and the use of a safety belt. In the event of a collision this information can be used to...more

Security Due Diligence In A Merger Or Acquisition: A How-To Guide

The FTC can hold an acquirer responsible for the bad data security practices of a company that it acquires. Evaluating a potential target’s data security practices, however, can be daunting and complicated by the fact that...more

Privacy Due Diligence In A Merger Or Acquisition: A How-To Guide

The FTC can hold an acquirer responsible for the bad data privacy practices of a company that it acquires. Evaluating a target’s data privacy practices, however, can be daunting and complicated by the fact that many “data”...more

Credit Cards and the Payment Card Industry Data Security Standard

For most retailers the primary source of revenue comes from credit card transactions. In order to accept credit cards, a retailer must enter into a contractual agreement with a payment processor and a merchant bank....more

Passing Data Between Retailers To Facilitate Transactions: A How-To Guide

Online retailers often learn information about a consumer that may be used by them to help identify other products, services, or companies that may be of interest to the consumer. For example, if a person purchases an...more

Class Action Litigation Trends: A How-To Guide

There is a great deal of misunderstanding concerning data security breach-related class actions. In large part the media and the legal media have exaggerated the quantity (and success) of class action litigation....more

5/9/2017  /  Class Action , Data Breach

Fingerprint Identification Technology: A How-To Guide

Fingerprint identification technology uses fingerprints to uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may...more

Cybersecurity Disclosures: A How-To Guide

In October of 2011, the U.S. Securities and Exchange Commission (“SEC”) issued guidance regarding a public company’s obligations to disclose cybersecurity risks and cyber incidents (the “Cybersecurity Disclosure Guidance”)....more

Facial Recognition Technology: A How-To Guide

Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of known individuals....more

Data Breach Notification Laws: A How-To Guide

Although Congress has attempted to agree on federal data breach notification legislation, there is no national data breach notification law that applies to most companies. Instead, 47 states, plus the District of Columbia,...more

Collecting Information From Children: A How-To Guide

There are relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy Protection Act...more

Reputation Management: A How-To Guide

The reputational injury following a data breach can be severe. Indeed, reputational injury – including lost customers – often surpasses legal liability. Effective management of the reputational impact of a data security...more

Do you get Bragging Rights if the Malware Infecting your Computer was Named after Zeus?

Over the last decade as the specter of cyber attacks has increased dramatically, financial institutions have been encouraged to look into the use of cyber fraud insurance as one means of minimizing risk. A recent decision by...more

Beware of Making Unsubstantiated Anti-Aging Claims

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Credit Monitoring Services: A How-To Guide

Organizations are not, generally, required to offer services to consumers whose information was involved in a breach. Nonetheless, many organizations choose to offer credit reports (i.e., a list of the open credit accounts...more

Wool Claims

Although wool is one of the oldest natural fibers, it is still one of the most commonly used fibers in products ranging from clothing, to household items. As a result, it’s perhaps not surprising that one of our country’s...more

Are Radio Waves Coming From My Wallet? The Privacy and Security Issues Involved With RFID Technology

Radio Frequency Identification (“RFID”) technology uses electromagnetic fields to transfer data. RFID systems typically operate by attaching tags to objects, devices, or cards....more

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