Patrick Fowler

Patrick Fowler

Snell & Wilmer

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Notable New State Privacy and Data Security Laws – Part Two

This is the second in a two-part series addressing recent developments in state privacy and data security laws. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security...more

2/20/2017 - Cyber Crimes Cybersecurity Data Privacy Data Protection Acts Data Security Gramm-Leach-Blilely Act HIPAA HITECH Identity Theft NYDFS Popular State Data Breach Notification Statutes Student Privacy Unlawful Trade Practices Acts

Data Privacy Day? Yep, it’s a Thing.

For a number of years now, January 28 has been marked as “Data Privacy Day” (or, for our European friends, “Data Protection Day”), and it is often overlooked observed in the United States, Canada, India and many European...more

1/30/2017 - Computer Virus Protection Credit Cards Cybersecurity Data Privacy Data Protection Debit Cards Encryption EU Online Banking Passwords Personally Identifiable Information Privacy Concerns Privacy Settings Software US-CERT

NIST Issues Draft Update to the Cybersecurity Framework

On January 10, 2017, as the Obama administration draws to a close, the National Institute of Standards and Technology (“NIST”) released a long-awaited draft version 1.1 of its ground-breaking Framework for Improving Critical...more

1/11/2017 - Critical Infrastructure Sectors Cybersecurity NIST Obama Administration Popular

FTC Releases a Data Breach Response Guide For Business

Data breaches are fast becoming a fact of life. Experiencing a data breach is never a pleasant experience, regardless of how it happens – by accident, by criminal intent, or by system failure. Someone steals a company...more

10/27/2016 - Breach Notification Rule Cybersecurity Data Breach FTC Incident Response Plans New Guidance Personally Identifiable Information Risk Assessment Risk Mitigation

Commerce Secretary: Trust Gap Hinders Cyber Attack Reporting

In a keynote address delivered on September 27, 2016 at the U.S. Chamber of Commerce’s fifth annual Cybersecurity Summit in Washington, DC, Commerce Department Secretary Penny Pritzker conceded that “the federal government...more

9/28/2016 - Chamber of Commerce Cyber Attacks Cybersecurity Data Breach Disclosure Requirements Enforcement Actions Information Sharing Legislative Agendas Notice Requirements

Privacy Tip: Cover Your Computer Camera and Microphone

Someone may be using your laptop or your desktop web camera to watch and listen to you without your knowledge. It happens, and yes, it’s downright creepy. And to think that someone may be spying on your kids that way is...more

9/19/2016 - Cameras Cybersecurity Electronic Devices Hackers Laptop Computers Malware Privacy Concerns

Congress Releases Unclassified Summary on Snowden/NSA Leak

On September 15, 2016, the House of Representatives’ Intelligence Committee released its summary findings of a two-year investigation concerning the unauthorized disclosures made by former National Security Agency (NSA)...more

9/19/2016 - Confidential Documents Data Breach Edward Snowden National Security NSA Political Intelligence Whistleblowers

The FTC Rules Against LabMD in On-Going Data Security Case

The lengthy saga between the Federal Trade Commission (FTC) and LabMD, Inc. reached another turning point on July 28, 2016. The FTC issued its unanimous Opinion in which it found that LabMD’s data security practices were...more

8/13/2016 - Actual Injuries ALJ Data Breach Data Security Enforcement Actions FTC FTC Act LabMD Section 5 Standard of Review Unfair or Deceptive Trade Practices

HIPAA News: HHS Getting Tough On ePHI Data Breaches

On August 4, 2016, the U.S. Department of Health and Human Services, Office of Civil Rights (OCR) announced a record-setting settlement with Advocate Health Care Network (Advocate) for multiple potential violations of HIPAA...more

8/8/2016 - Business Associates Corrective Actions Data Breach Data Security Encryption Healthcare HHS HIPAA HIPAA Audits HIPAA Breach OCR Personally Identifiable Information PHI

Ransomware Attacks on ePHI May Be a Data Breach Under HIPAA

On July 11, 2016, the Office of Civil Rights (“OCR”) at the Department of Health and Human Services issued new HIPAA guidance regarding the growing epidemic of malicious computer software known as “ransomware”....more

7/20/2016 - Data Breach FBI HHS HIPAA HIPAA Audits OCR PHI Ransomware

Beware of Emerging Cyber Scams – Part 1: Business Email Compromise

This is the first in a series of articles about increasingly sophisticated cyber scams, and follows several alerts issued by the FBI’s Internet Crime Complaint Center (IC3). These scams include: (1) Business Email...more

6/3/2016 - Business E-Mail Compromise (BEC) Cyber Crimes Cybersecurity FBI

Utah’s Personal Information Protection and Data Breach Laws

Utah, like most U.S. states, has enacted laws concerning data security and steps to take when a data breach occurs. Here is what Utah law provides as codified in Utah Code Ann §§ 13–44–101 et seq. The law has been in effect...more

3/17/2016 - Breach Notification Rule Data Breach Data Security Personally Identifiable Information Popular

Identity Theft Protection Services – Federal Income Tax Treatment

I. Executive Summary - The Treasury Department and the IRS are sensitive to the data security problems facing organizations, their employees and their customers and, as a result, have provided some welcomed...more

3/16/2016 - Data Breach Data Security IRS Personally Identifiable Information U.S. Treasury

Nearly 50 Million Records Breached in California Since 2012

Earlier this month, the California Attorney General’s Office released the 2016 Data Breach Report covering years 2012 through 2015 for the State of California (the “AG’s Report”). The AG’s Report reveals that 557 data...more

2/29/2016 - Attorney Generals Cyber Crimes Data Breach Data Security Hackers Malware Personally Identifiable Information

DHS/DOJ Issue Guidance on Cyber Threat Info Sharing

On February 16, 2016, the Department of Homeland Security (DHS) and Department of Justice (DOJ) issued “guidance” to assist federal agencies and non-federal entities in implementing the Cybersecurity Act of 2015.  The Act was...more

2/25/2016 - Cyber Threats Cybersecurity Information Sharing Act (CISA) Data Privacy DHS DOJ Interim Guidance Private Sector

FBI v Apple: Using a 1789 Law in a 21st Century Privacy Fight

Earlier this week Apple CEO Tim Cook announced to Apple customers that the company would oppose a federal court order (the “Order”) issued on February 16, 2016 that the company believes “threatens the security of our...more

2/22/2016 - All Writs Act Apple Data Protection DOJ Electronic Frontier Foundation Ex Parte FBI iPhone Motion to Compel Popular Terrorist Acts

Nevada’s Revised Data Security Law

Last spring we posted a summary of Nevada’s data security laws. Since then, during the 2015 legislative session, the Nevada legislature adopted certain amendments to the statute. The changes took effect on July 1, 2015....more

2/19/2016 - Data Security Personally Identifiable Information

Businesses Take Note: The FTC Assesses Big Data Practices

Businesses engaged in big data practices should be mindful of a new report issued by the Federal Trade Commission (FTC), in which the FTC serves notice of its intention to monitor areas where big data practices can violate...more

2/8/2016 - Analytics Big Data Discrimination Disparate Impact Equal Opportunities FCRA FTC FTC Act Unfair or Deceptive Trade Practices

Sanity Prevails? The Framework for the New EU – U.S. Privacy Shield

On February 2, 2016, the European Commission announced a last-minute “political agreement” with the United States concerning a new privacy framework for transatlantic data transfers. The accord, called the “EU-U.S. Privacy...more

2/3/2016 - Article 29 Working Party (WP29) CJEU Data Protection EU FTC International Data Transfers Ombudsman Personal Data Safe Harbors

Scammers Up the Ante With Caller ID Spoofing

Good grief. You can’t even trust your phone’s caller ID feature nowadays. Scam artists have learned to manipulate the caller ID function on your phones as part of a ploy to steal your personal information and/or your money....more

1/28/2016 - FCC Fraud Spoofing Telecommunications

FAA Releases Interim Rule for Drone Registration

Owners of many small unmanned aerial systems (“sUAS” or “drones”) and model airplanes will have to register them with the government. The Federal Aviation Administration announced the requirement in an interim final rule on...more

1/25/2016 - Drones Federal Aviation Administration (FAA) Registration Requirement Unmanned Aircraft Systems

Almost Ready to Fly: New Federal Registration Requirements for Small UAS/Drones

On November 21, the Federal Aviation Administration’s (FAA) Unmanned Aircraft Systems (UAS) Registration Task Force Aviation Rulemaking Committee (“Task Force”) released its recommendations on registration requirements for...more

11/30/2015 - Drones Federal Aviation Administration (FAA) Registration Requirement Task Force Unmanned Aircraft Systems

Now What? Europe’s High Court Sinks the U.S. – EU Safe Harbor Data Transfer Program

Life just got a lot more confusing, complicated and expensive for organizations that transmit personal data to the United States from the European Union (EU) under the frequently-used U.S. – EU Safe Harbor program. Why?...more

10/7/2015 - Data Protection Authority EU EU Data Protection Laws European Court of Justice (ECJ) International Data Transfers National Security Personal Data Popular Privacy Policy Safe Harbors Umbrella Agreement US-EU Safe Harbor Framework

Government Websites With Cybersecurity Tips & Information

As part of the government’s recent clarion call to improve our individual and collective cybersecurity posture, several federal and state agencies have released a variety of guidelines, frameworks, best practices and tips. ...more

9/8/2015 - Cyber Attacks Cyber Crimes Cyber Threats Cybersecurity Data Privacy Data Protection Data Security DHS DOJ FCC FTC Hackers NIST NSA SBA SEC Small Business U.S. Commerce Department Websites

Appellate Court Confirms the FTC’s Power to Regulate Cybersecurity

In a highly-anticipated decision, the U.S. Court of Appeals for the Third Circuit has ruled in FTC v. Wyndham Worldwide Corporation that the Federal Trade Commission (“FTC”) is authorized to pursue lawsuits against those who...more

8/27/2015 - Administrative Authority Consumer Information Cybersecurity Data Breach Data Privacy Data Security FTC FTC v Wyndham Privacy Policy Unfair or Deceptive Trade Practices Wyndham

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