Sharon Klein

Sharon Klein

Pepper Hamilton LLP

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Latest Posts › Personally Identifiable Information


9th Circuit Holds No Private Right of Action for Data Retention Violation Under the Video Privacy Protection Act

The decision further aligns the circuit courts in holding that the private right of action is limited to the Act’s prohibition on unauthorized disclosures only. A recent attempt to expand the breadth of the private right...more

9/22/2015 - Appeals Data Retention Disclosure Personally Identifiable Information Private Right of Action Sony Third-Party Service Provider Video Privacy Protection Act VPPA

How to Avoid and Respond to a Cybersecurity Breach

In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more

9/17/2015 - Banking Sector Breach Notification Rule CAN-SPAM Act COPPA Cyber Attacks Cyber Crimes Cyber Threats Cybersecurity Data Breach Data Protection Data Security FERPA Financial Institutions Financial Sector Gramm-Leach-Blilely Act Hackers Healthcare HIPAA HITECH OCR Personally Identifiable Information Privacy Laws Verizon

Lack of Typicality and Adequacy of Representation Prevents Class Certification in Health Care Data Breach

The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions. On March 25, the Philadelphia Court of Common Pleas provided...more

6/9/2015 - Class Action Data Breach Defense Strategies Electronic Medical Records Healthcare Personally Identifiable Information PHI Popular Standing Unfair or Deceptive Trade Practices

California Data Breaches Require Identity Protection Services

California has long set the standard for protection of its residents’ personal information. California’s constitution explicitly recognizes a right to individual privacy and California’s legislature has been on the forefront...more

1/8/2015 - Breach Notification Rule Credit Monitoring Data Breach Jerry Brown New Legislation Personally Identifiable Information

California Data Breaches Require Identity Protection Services (and More)

On September 30, 2014, Gov. Edmund G. Brown signed AB 1710 into law, amending existing law to impose even stricter regulation on businesses with access to personal information about California residents. California has long...more

10/9/2014 - Breach Notification Rule Data Breach Electronically Stored Information Personally Identifiable Information

Medical Identity Theft: New Recommendations By The California Attorney General To Health Care Organizations For Keeping Medical...

Unlike financial identity theft, which targets a victim’s financial health, medical identity theft threatens a victim’s very existence. The unauthorized access of a victim’s medical record not only grants the thief access to...more

11/21/2013 - Affordable Care Act Fraud Identity Theft Personally Identifiable Information PHI

California Attorney General’s Report Reveals Millions Affected By Data Breaches In 2012

A report recently issued by the California Attorney General reveals that millions of Californians were the victims of a data breach in 2012, mostly due to intentional intrusions by outsiders or by unauthorized insiders....more

8/1/2013 - Attorney Generals Cybersecurity Data Breach Data Protection Encryption Notice Requirements Personally Identifiable Information

NIST Proposes Privacy Control Roadmap For Organizations

In an age in which safeguarding the privacy of a person’s information is becoming increasingly challenging, the National Institute of Standards and Technology (NIST) encourages organizations to devote time and resources to...more

6/14/2013 - Cybersecurity Data Protection HIPAA HITECH NIST Personally Identifiable Information Risk Mitigation

FTC Recommends Framework For Mobile Privacy

Building on the privacy concepts articulated in their December 2012 report, the Federal Trade Commission (FTC) released a staff report on February 1, which recommends a framework for mobile privacy. Like the report issued...more

2/25/2013 - Advertising Networks App Developers App Platform Providers COPPA FTC Mobile Devices Mobile Privacy Operating System Developers Path Inc. Personally Identifiable Information Privacy Policy Trade Associations

FTC Strengthens Laws To Protect Children’s Privacy

On December 19, 2012, the Federal Trade Commission (FTC) made major changes to the Children’s Online Privacy Protection Act (COPPA) for the first time in nearly 15 years, by significantly amending the Children’s Online...more

1/7/2013 - Consent COPPA Data Collection Data Protection FTC Mobile Apps Notice Requirements Parental Consent Personally Identifiable Information Third-Party

FTC Survey: Disclosure Of Use Of Private Information In Mobile Apps For Children Is Insufficient

A report recently released by the Federal Trade Commission (FTC) reveals that mobile applications targeted at children often collect and share children’s private information with third parties but generally do not provide...more

1/7/2013 - COPPA Data Protection Disclosure Requirements FTC Mobile Apps Notice Requirements Parental Consent Personally Identifiable Information Privacy Policy

De-Identifying Protected Health Information: OCR Issues Long-Awaited Guidance

The HIPAA Privacy Rule is intended to protect individually identifiable health information by limiting its use and disclosure. But the Privacy Rule expressly permits the de-identification of that information, and in doing so...more

1/5/2013 - Data Breach Data Protection De-Identification Health Information Technologies HIPAA Life Sciences OCR Personally Identifiable Information PHI

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