Administrative Agency Privacy

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Connecticut Audubon Society joins the no drone zone list

Drones are no longer permitted at 19 of the Connecticut Audubon Society’s (CAS) sanctuaries because of the annoyance to visitors and harassment of wildlife. This is one of the first in the country, and certainly the first in...more

Obama Order Establishes Federal Privacy Council

On Tuesday, February 9, 2016, President Obama issued an Executive Order establishing the “Federal Privacy Council,” an interagency council of senior officials from each of 24 federal departments and agencies. The Council is...more

The Skies Are Alive With the Sound Of Drones: The FAA Implements Drone Registration Requirements

It happened again—another incident involving an errant drone and a resident from the Garden State. As reported by various news sources, a New Jersey man attempted to photograph the Empire State Building with his drone. He was...more

Second CMP Assessed for HIPAA Violations: Do You Know Where Your Data Is?

For only the second time in its history, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has imposed a civil money penalty (CMP) on a covered entity for allegedly violating the HIPAA...more

Drone U: Drone Use on Campus and Developing an Effective Drone Policy

Drones on campus is a key issue facing universities and educational institutions today. As small unmanned aircraft systems (sUAS) increasingly make their appearance on campuses across the U.S., colleges and universities are...more

Blog: ALJ Upholds OCR Enforcement Against Lincare, Inc. of $239,800

A U.S. Department of Health and Human Services (HHS) administrative law judge (ALJ) recently sustained an earlier HHS Office of Civil Rights (OCR) decision to impose a civil money penalty (CMP) of $239,800 against Lincare...more

Latest OCR Enforcement Action: Underbed Storage is Not Appropriate for PHI

Recent enforcement actions by the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) have highlighted that, not surprisingly, Covered Entities should not leave medical records in a...more

Historic Moment: Husband Reports Wife’s HIPAA Violation Triggering Six Figure Penalty Against Employer

For the second time in history, the Office for Civil Rights (“OCR”) has imposed a civil monetary penalty (“CMP”) against a covered entity for violations of the Health Insurance and Portability Act (“HIPAA”). Lincare, Inc., a...more

Super Bowl Sunday: No drone zone

The Federal Aviation Administration (FAA) released a youtube video on Wednesday letting drone operators know that the air above Levi’s Stadium in San Francisco is off limits on Super Bowl Sunday. Labeled a “No Drone Zone,”...more

Is point-of-sale drone registration next? Retailers say no way

In the first 30-days of drone registration, nearly 300,000 owners have registered their drones. The Federal Aviation Administration’s (FAA) small drone user registration has sparked much debate, and now, the FAA is...more

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

Attorneys Are Not So Special After All: The FOIA and the Need for Specific Agenda Items

Generally, Connecticut’s Freedom of Information Act [“FOIA”] requires that a public agency preparing an agenda/posting for a meeting ensure that each agenda item is specific enough to apprise the public of the action...more

FDA Issues Draft Guidance on Postmarket Cybersecurity of Medical Devices

On January 15, 2016, the Food and Drug Administration (“FDA”) released a draft guidance entitled, “Postmarket Management of Cybersecurity in Medical Devices,” outlining recommendations that device manufacturers should...more

Reading the Section 5(a) Tea Leaves: What the end of 2015 may suggest about the FTC priorities in 2016

The end of 2015 represented a mixed bag for the Federal Trade Commission on privacy enforcement. In November, the FTC’s Chief Administrative Law Judge dismissed the FTC’s complaint against LabMD for a possible data breach of...more

Aerial trespass, privacy violations, and the drone slayer

John David Boggs’s drone was shot down out of the sky last summer when he flew it over another individual’s home. Bogg’s claims that he was flying his drone over Class G airspace –federal protected airspace. Bogg’s claims...more

Agency Deadlines Under Cybersecurity Information Sharing Act of 2015

On December 18, the House and Senate passed an ombinus appropriations package, which includes legislation that provides liability protection to companies that voluntarily engage in cybersecurity information sharing with one...more

No Harm, No Foul? Defining FTC’s Authority Over Data Security

Given the frequency of high-profile breaches, it’s reasonable for companies and consumers to be not only fearful but also realistic (or some would say fatalistic) about data security. It’s not a question of if a security...more

New Ruling Challenges FTC Authority to Regulate Cybersecurity Based on “Possible Consumer Harm”

A Nov. 13, 2015 ruling supports the argument that various companies and lawyers have been making for years: the Federal Trade Commission is exceeding its authority in prosecuting cybersecurity breaches under Section 5 of the...more

All You Need to Know About LabMD’s Big Win in/over the FTC

We have been meaning for a while to write about LabMD’s epic data privacy fight against the FTC. We’re sure you have read about the action, and particularly about the administrative order dismissing the government’s...more

Government Forces Awaken: The Rise of Cyber Regulators in 2016

As the sun sets on 2015, but before it rises again in the New Year, we predict that, in the realm of cyber and data security, 2016 will become known as the “Rise of the Regulators.” Regulators across numerous industries and...more

Fact sheet issued by FAA on state and local drone laws

Last week, the Federal Aviation Administration (FAA) issued a new fact sheet outlining state and local regulations related to the operation of unmanned aircraft systems (better known as drones). The FAA said in its fact...more

FTC Appeals ALJ Ruling Dismissing Its Claims Against LabMD

The legal wrangling between the Federal Trade Commission and LabMD, Inc. over data security continues. On December 22, 2015, the FTC filed its appeal brief challenging Chief Administrative Law Judge (“ALJ”) D. Michael...more

Georgia Secretary of State’s office exposed 6 million voters’ SSNs

It is frustrating for citizens to continue to watch state and federal governmental agencies announcing massive data breaches of citizens’ personal information. Here is another one. On Tuesday, December 15, 2015, the...more

U.S. Issues Unmanned Aircraft Fact Sheet for State, Local Regulators

While Unmanned Aircraft Systems (UAS), more commonly—if inaccurately—known as drones, continue to fly near the edges of federal preemption, the Federal Aviation Administration (FAA) continues to provide guidance for this...more

That Drone in Your Holiday Stocking Must Now Be Registered With the FAA

Fearing for public safety over the explosion of hobby-type drones taking to the air, on December 14, 2015, the Federal Aviation Administration (FAA) issued the first rule of its kind directed squarely to owners and operators...more

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