Privacy Updates

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EU Council Confirms the Forthcoming Strong Enforcement of Fundamental Right to Data Protection

A recent leaked draft proposal reveals the position of the E.U. Council as regards to the fines system that will come into force under the proposed new General Data Protection Regulation in the E.U. member states. The huge...more

FCC Enforcement Advisory: Broadband Providers Must Take Reasonable, Good Faith Steps to Protect Consumer Privacy

On Wednesday, May 20, 2015, the FCC’s Enforcement Bureau issued its first enforcement advisory in the post-Open Internet Order era. Not surprisingly, the Bureau’s first advisory addressed the consumer privacy obligations of...more

Think You Know Your HIPAA-Related Obligations? Read the ONC’s New Privacy and Security Guide to Find Out

In 2013, we alerted you to the expansion of the definition of the term “business associate” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Now, the Office of the National Coordinator for Health...more

Blog: CareFirst Discloses Data Breach

CareFirst, a Blue Cross Blue Shield plan serving the Washington D.C. metro area, became another in a line of health insurers to suffer a data breach as a result of hackers. CareFirst and the FBI are examining the breach...more

FCC Enforcement Advisory: Broadband Providers Must Take Reasonable, Good Faith Steps to Protect Consumer Privacy

On Wednesday, May 20, 2015, the FCC’s Enforcement Bureau issued its first enforcement advisory in the post-Open Internet Order era. Not surprisingly, the Bureau’s first advisory addressed the consumer privacy obligations of...more

Target Data Breach Settlement

On November 30, 2013, I stopped at Target to purchase a birthday gift for my friends’ one-year-old daughter. Little did I know that I would be exposed to one of the largest data breaches in retail history. Fortunately, my...more

Data breach coverage denial upheld by Connecticut Supreme Court

In a 3 page per curiam decision issued this week, the Connecticut Supreme Court upheld a lower court’s decision holding in Recall Total Information Management, Inc., et. al v. Federal Insurance Company, that Federal Insurance...more

SEC’s Division of Investment Management issues new Cybersecurity Guidance

There’s certainly no shortage of media attention on data security breaches lately, and there’s a good reason for that: such breaches are at an all-time high. Against this backdrop of the ever-increasing risk of malicious...more

Future Unclear For NSA’s Bulk Telephone Metadata Collection Program

Fast approaching is the June 1 expiration of certain provisions of the Patriot Act, including § 215 (codified as 50 U.S.C § 1861), which is the basis for the National Security Agency’s (NSA) bulk telephone metadata collection...more

CareFirst announces breach of 1.1 million records in cyberattack

Following in the footsteps of Anthem and Premera, CareFirst, a Blue Cross Blue Shield plan servicing customers in Maryland, Washington, D.C. and Virginia announced yesterday that it too has been the victim of a...more

Hackers seek to access intellectual property assets of higher educational institutions

College and universities, like many other businesses and organizations, defend against millions of cyberattacks each day. Most recently, Penn State’s College of Engineering discovered a multi-year long cyberattack seeking...more

April Brings Amendments to Washington and North Dakota Breach Notification Requirements

April saw amendments to Washington State's and North Dakota's breach notification statutes. In a prior Orrick Alert, we discussed some of the implications from the proposed data breach notification amendments in...more

FTC sued by blogger to release data security guidelines

The Federal Trade Commission (FTC) was sued this week by Philip Reitinger, a fellow blogger and former Deputy Undersecretary of the Department of Homeland Security. He is now President of VisionSpear LLC, an information...more

Student Data Protection Bills Unveiled In Congress

Two bills specifically designed to protect private student information were unveiled in the U.S. Senate last week. The first was released on May 13 by Senators Orrin Hatch (R-Utah) and Edward Markey (D-Mass.), and the second...more

Health Update - May 2015

Building a Culture of Health: The Value Proposition of Retail Clinics - Editor’s Note: Since first emerging on the healthcare landscape more than 15 years ago, retail clinics have seen significant growth. There are now...more

Eraser Laws: Forgetting a Minor's Past to Save His Future

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

CareFirst Suffers Cyberattack, Data Breach of 1.1 Million Customers’ Information

BREAKING NEWS: Health insurer CareFirst BlueCross BlueShield disclosed today that hackers gained access to one of its databases, exposing personally identifiable information for approximately 1.1 million people....more

Connecticut Affirms Personal Injury Coverage for Data Breach Requires Actual Publication

As expected, the Connecticut Supreme Court has affirmed decisions by both the trial court and intermediate appellate court that personal injury liability coverage for a business’s data loss or theft requires publication as a...more

Guidance for Incident Response Plans  

Organizations are preparing for data incidents and breaches by developing, updating, implementing, and testing incident response plans. This article provides a checklist of key components of an incident response...more

Nevada Broadens Definition of Personal Information for Purpose of Encryption and Breach Notices

On May 13, Nevada passed a new law (A.B. 179) expanding the definition of “personal information” to include a natural person’s first name or initial and last name in combination with: 1) medical and health insurance...more

New Law Limits Virginia Employers’ Access to Social Media Accounts

Effective July 1, 2015, employers in Virginia will be prohibited from requesting usernames and passwords for social media accounts of current employees or applicants. Specifically, Va. Code 40.1-28.7:5 will prohibit...more

EEOC Proposes Regulatory Clarification on the Application of the ADA to Employer Wellness Program Incentives

Action Item: Employers who already have, or are considering implementing, wellness programs that involve cost-sharing reductions or other financial incentives for participants should carefully review their programs given the...more

Nomi FTC Settlement Highlights Risks of Publicizing Company Privacy Policies

A closely divided Federal Trade Commission (“FTC” or the “Commission”) has signaled support for the agency’s recent focus on mobile device privacy. On April 23, 2015, the five-member Commission voted 3-2 to accept a proposed...more

Shelby regulatory relief bill would create GLBA annual privacy notice exception

In addition to the numerous mortgage-related provisions in Senator Shelby’s regulatory reform bill entitled the “Financial Regulatory Improvement Act of 2015,” the bill contains a provision directed at the annual financial...more

ONC Releases Updated Guide to Privacy and Security of Electronic Health Information

The Office of the National Coordinator for Health Information Technology (“ONC”) of the U.S. Department of Health and Human Services (“HHS”) recently released Version 2.0 of the Guide to Privacy and Security of Electronic...more

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