Administrative Agency Privacy

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School Districts: A Teacher’s Right to Access Student Records in a Disciplinary Proceeding is Not Absolute (11/14)

As many school districts are aware, it is not uncommon for a district to receive a request to disclose allegedly relevant student records to a tenured teacher facing disciplinary charges in the context of an Education Law...more

NTSB Finds That Drones Are “Aircraft” Under Federal Law

Order reverses an earlier ruling by an Administrative Law Judge in a closely watched case that challenged the FAA’s authority to regulate drones - On November 18, 2014, the National Transportation Safety Board (NTSB)...more

Nevada Secretary Of State Denies Hacking Claim

Recently, Cytta Corp., a small Nevada corporation, filed this Form 8-K reporting that it had “discovered that it was the victim of an online hacking incident on October 30th, 2014 in that, unauthorized person or persons...more

Data Privacy And Cybersecurity For Investment Funds

In This Presentation: - WHY IS DATA PRIVACY AND SECURITY IMPORTANT? ..Why is it important to protect data? ..SEC Cybersecurity Risk Alert ..FINRA Scrutiny - BEFORE THE BREACH ...more

Mississippi Regulatory Compliance Group Quarterly Report Vol. 25 No.4

In This Report: - You Need a Written Compliance Program - CFPB Amends 2014 Mortgage Rules - Proposed Changes to TILA-RESPA Integrated Disclosure - Integrated TILA-RESPA Disclosures-Compliance...more

Obama Administration the Target of Hackers; Former Administration Official Recipient of Subpoena Related to Cybersecurity

The Obama Administration's handling of cyber and data security was recently brought into question due to two distinct security incidents. On the same day that a former Administration official received a subpoena related to...more

Blog: FDA Cybersecurity Workshop for Healthcare

On October 21-22 the U.S. Food and Drug Administration (FDA), in collaboration with the U.S. Departments of Health and Human Services and Homeland Security, conducted a public workshop entitled “Collaborative Approaches for...more

NLRB Rules Tiffany & Co. Privacy Policy Violated the NLRA

The National Labor Relations Board (“NLRB”) took a jeweler’s loupe to high-end jewelry designer Tiffany and Company’s privacy policy (the “Policy”), and ruled that the Policy violated the National Labor Relations Act...more

Sex, Lies, and The FOIA: Wotjas v. Town of Stonington and The Disclosure of Sexual Harassment Complaints, Regardless of “Guilt.”

This author wrote previously on the status of sexual harassment investigations under the Freedom of Information Act [”FOIA”]. In a case that has grabbed some notoriety; the Freedom of Information Commission [“FOIC”] has...more

How to Respond to FOIA Requests For Overall Teacher Summative Ratings?

LR-hands-over-laptopkeysIt has come to our attention that certain school districts in Connecticut have already received requests under the Freedom of Information Act [“FOIA”] for access to overall district and school level...more

FDA Flunks Data Security Exam

Last week, the HHS Office of Inspector General released a damning report on FDA’s data security: “The objective of this review was to determine whether the FDA’s network and external Web applications were vulnerable to...more

FDA Issues Cybersecurity Guidelines - Manufacturers of Medical Devices Encouraged to Develop Cybersecurity Controls

The Food and Drug Administration (FDA) issued guidelines this month recommending that manufacturers develop a set of cybersecurity controls in the design of medical devices capable of connecting to the Internet, a network, or...more

The Public Records Act Brings Potential Body Worn Cameras Issues Into The Light

The City of Del Mar recently discontinued use of body-worn cameras following a California Public Records Act request that lead to the release of video taken by Park Ranger Adam Chase. The video, taken during a traffic stop of...more

Medical Devices and Cybersecurity Risks - DHS investigates at-risk devices

On October 2, 2014, the U.S. Food and Drug Administration (FDA) issued its final guidance on cybersecurity for medical device manufacturers, titled “Content of Premarket Submissions for Management of Cybersecurity in Medical...more

PAC Holds that Public Bodies Must Release Employee Informal Investigative Reports

The Public Access Counselor (PAC) recently addressed the issue of whether informal employee investigative reports concerning the misconduct of a public employee are subject to disclosure under Section 7(1)(n) of the FOIA. In...more

Alberta Privacy Law Update: PIPA on Death’s Door

About a year ago on November 15, 2013, Alberta’s Personal Information Protection Act (PIPA) was declared invalid on constitutional grounds. The Supreme Court of Canada (SCC), in its wisdom, deferred the effect of this order...more

Medical Staff Bylaws: Compliance Gaps and Best Practices - Part 1

In this presentation: - Background - Definitions - Purposes/Preamble - Nature of Medical Staff Membership - Qualifications for Membership - Insurance...more

EU Set to Strengthen Data Protection Laws

Businesses that operate in the European Union (EU) may soon face a new set of data protection regulations. High-level discussions about a proposal to consolidate all individual EU-member nations’ data protection regulations...more

Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want.

“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection...more

Health Headlines: Also in the News - September 2014 #3

Congressman Sends Letter to Secretary of HHS Urging Her to Retract CMS’s Global Settlement Offer – On September 15, 2014, Congressman Kevin Brady (R-Tex), Chairman of the House Ways and Means Health Subcommittee, sent a...more

Don’t Make Promises That You Cannot Keep: Greenwich Silver Shield Association v. Town of Greenwich, the FOIA and Discrimination...

Investigations in the public sector confront the competing demands of employee privacy rights and the public’s “right to know” under the Freedom of Information Act [“FOIA”]. Another decision by the Freedom of Information...more

PAC Limits Public Bodies’ Authority in Regulating Public Comment Period

On September 4, 2014, the Illinois Attorney General’s Office released a binding opinion through its Public Access Counselor (PAC) that public bodies cannot require speakers to provide personal information such as a home...more

Cybersecurity Litigation Monthly Newsletter

As we discussed in July, Tiversa, a “cyber-intelligence” company, notified the FTC in 2009 that a file containing the personal information of about 9,300 LabMD patients was available on a peer-to-peer file sharing network....more

Record Actions Force Companies to Reevaluate How They Protect Consumers

Last week the FCC’s Enforcement Bureau announced that Verizon agreed to pay a record US$7.4 million to settle an investigation related to the company’s treatment of consumer personal information. Specifically, the Commission...more

The fiduciary exception to the attorney-client privilege: A recent development

In a suit by the beneficiary against the trustee, is the trustee entitled to assert the attorney-client privilege against the beneficiary, or is there a fiduciary exception to the attorney-client privilege? As to...more

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