Consumer Protection Science, Computers & Technology

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Addressing Cyber Attacks and Data Breaches in Supplier Contracts - Part 2: How are Limits of Liability Evolving, with Respect to...

Ten years ago, most "buyers/customers" expected their suppliers to absorb unlimited contractual liability if the supplier was responsible for a breach affecting the customer's data. Today, while customers may continue to...more

Consumer Privacy and Broadband: The Debate Begins

Privacy and data security are high priorities of the Federal Communications Commission (FCC) under the leadership of Chairman Tom Wheeler. In addition to significant enforcement actions against AT&T and TerraCom/YourTel that...more

FDA Flexes Muscles Over Dietary Supplements

In a move designed to halt sales of popular workout stimulants, the U.S. Food and Drug Administration (FDA) recently issued warning letters to some 14 dietary supplement companies....more

Privacy Tuesday – May 2015: Shaping Up — Update on the EU’s Draft General Data Protection Regulation

On this Privacy Tuesday, we can definitely say that the long winter of our discontent (at least for some of our readers) is over. Happy spring!...more

How 'Common Carrier' Defense Applies to TCPA Class Actions

The Federal Communications Commission, the agency which Congress gave authority to implement regulations and enforce the Telephone Consumer Protection Act, expressly exempts common carriers who transmit prohibited fax...more

Retail Tracking Firm Slammed with FTC Consent Order

The Federal Trade Commission last month announced a proposed consent order settling claims against Nomi Technologies, a third-party mobile tracking service that collects data about consumers' in-store shopping behavior. The...more

Protecting Personal Data in China: An Update

Personal data protection legislation has been a widely discussed topic in recent years in China, mainly because employees of institutions that amass personal data of users and clients in the course of their business (such as...more

Fortress Russia – The Russian Data Localization Law

On July 21, 2014, Russia adopted Federal Law No. 242-FZ, “On Amendments to Certain Legislative Acts of the Russian Federation for Clarification of the Procedure of Personal Data Processing in Information and Telecommunication...more

FTC Continues its Push to Regulate the Collection and Use of Location Information

Recently, the Federal Trade Commission (FTC) announced that it had settled charges with Nomi Technologies, Inc. regarding its collection and use of information that could be used to track the movements of individuals through...more

A Primer on FTC Expectations for Your Partner and Vendor Relationships: Enforcement Shows You Are Your Brother’s Keeper

With all of the privacy and data security enforcement actions brought by the Federal Trade Commission in recent years, and with all of the guidance distributed by the FTC in that time frame, it is easy to get caught up in...more

Washington Enacts Legislation Strengthening Data Breach Notification Requirements

On April 23, Washington Governor Jay Inslee signed bill H.R.1078, which requires covered entities to contact consumers living within the state as soon as possible, and no more than 45 days, after the discovery of a breach of...more

Locke Lord QuickStudy: Investment Advisers Should “Beef Up” Cybersecurity Strategies - SEC Issues Updated Guidance

Registered investment advisers should periodically assess their cybersecurity vulnerabilities, create strategies to respond, and make sure they are making the strategies work. ...more

Department of Justice Issues Best Practices Guidance on Cyber Incidents

On Wednesday, April 29, the US Department of Justice released guidance titled “Best Practices for Victim Response and Reporting of Cyber Incidents.” The guidance outlines steps companies should take before, during, and after...more

The Nevada Data Breach Law

Nevada, like most states, has a data security statute that addresses what to do when there’s a data breach. Here’s a quick summary of the Nevada law, which is found at N.R.S. § 603A.010 et seq, “Security of Personal...more

HIPAA Rules and Procedures in the Event of a Data Breach, Part Two

My last post focused on the discovery and investigation of a data security breach to determine if breach notification is needed. Today’s post now turns to the requirements of breach notification triggered by a data security...more

Cybersecurity Legislation Passes In The House

As an update to last week’s article, Congress To Take Up Major Cybersecurity Legislation During “Cyber Week”, the House passed H.R. 1560 and H.R. 1731. These Acts will now be combined and sent as a package to the Senate....more

Be Careful with Information Destruction: Another Medical Record Disposal HIPAA Settlement

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) recently announced a new settlement with a small pharmacy, Cornell Prescription Pharmacy (“Cornell”). OCR alleged that Cornell was disposing of...more

Planning for Breach Notification Requirements in Your Customer Contracts

At the San Francisco “Exchange” Data Privacy and Cyber Security Forum on April 26, a spirited debate arose whether a federal breach notification law will/should be enacted to bring uniformity to the patchwork of breach...more

Cyber Attacks on Financial Institutions Increasing in Frequency and Severity

Cyber attacks on financial institutions have become so relentless in their frequency and severity, that the Federal Financial Institutions Examination Council (FFIEC) directed banks this past month to enhance their...more

Consent to Disclose Information in Response to a Consumer Complaint – Guidance from Canada

Not infrequently, customers may resort to consumer affairs columnists and other third parties, such as consumer advocacy groups, in order to resolve issues that they are having. In these circumstances, is there implied...more

TurboTax’s software maker Intuit on the hot seat for lax security measures to prevent tax fraud

Intuit, Inc., the maker of the software used by TurboTax customers to file electronic tax returns stopped its e-filing return program in February after receiving notices from multiple states that thousands of fraudulent tax...more

Data Breach Legislation – Creating a Federal Standard

Whatever your political viewpoints may be on the dividing line between federal and state responsibilities, or the interpretation of the 10th Amendment to our Constitution, there is no question the Framers saw an important...more

FTC Takes Action Against Retail Tracking Start-Up Nomi Technologies

On Thursday, April 23, the FTC settled deception charges against start-up Nomi Technologies, Inc. related to Nomi’s in-store, sensor-based, tracking technology.1 This is the first FTC enforcement action against emerging...more

Colorado Compounding Pharmacy Enters Six-Figure Settlement Agreement to Settle Alleged HIPAA Privacy Rule Violations

On April 27, 2015, the U.S. Department of Health and Human Services (HHS) announced that Cornell Prescription Pharmacy (CPP), a single-location pharmacy in the Denver, Colo. metropolitan area, agreed to settle alleged HIPAA...more

HIPAA Rules and Procedures in the Event of a Data Breach, Part One

As discussed in my prior post, recent massive data breaches at major retailers and health insurance providers paint a bleak picture of modern data and emphasize the importance of strong security safeguards and plans for...more

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