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The FAA Grants Drone Operators Five Regulatory Exemptions

On December 10, the FAA announced that it had granted a total of five regulatory exemptions for unmanned aircraft systems, otherwise known as drones, to four companies that want to fly drones for aerial surveying,...more

Inadvertent Disclosure of Privileged Documents in Response to a Public Records Act Request Converts the Document Into a Public...

The Court of Appeal, Second Appellate District, delivered a sobering reminder to public agencies to carefully review documents produced in response to the Public Records Act (“PRA”) to avoid disclosure of documents protected...more

Advertising Law - December 2014 #2

Uber’s Privacy Mess Results in Legislative Inquiry - Providing a lesson in how not to handle a privacy policy, car service app Uber is now facing questions from the Senate Subcommittee on Privacy, Technology and the...more

FAA Denies EPIC Petition Requesting Public Rulemaking To Address Privacy Concerns Posed By Drones; Cites Ongoing Rulemaking...

The Federal Aviation Administration (“FAA”) has denied a petition submitted by the Electronic Privacy Information Center (“EPIC”) to initiate a public rulemaking to address the “threat to privacy and civil liberties that will...more

Survey Says Sharing Information is Crucial in a Volatile Data Security Environment

Information sharing allows for better insight into existing threats and vulnerabilities and alerts organizations to the existence of important data that can help prevent cyberattacks and mitigate the effects of ongoing...more

May State and Local Governments Control Low-Flying Drones?

Most of the attention paid to drones has focused on issues of aviation and Federal Aviation Administration (FAA) authority. Yet much of the impact of low-flying drones will fall, not on the national air transportation system,...more

Technology may reduce fraud but doesn’t fix regulatory confusion

President Barack Obama recently announced the administrtion’s BuySecure initiative. At a meeting at the Consumer Financial Protection Bureau Oct. 17, the president outlined the program, aimed at increasing the security of...more

Inspector General’s Report Criticizes the Department of Homeland Security for Inadequate Privacy Policies and Controls

On November 14, 2014, the Office of Inspector General (OIG) for the Department of Homeland Security (DHS) issued a report critical of the agency’s performance in protecting personally identifiable information (PII) and...more

Implications of the NTSB’s Decision That Drones are Aircraft

The NTSB issued a decision on November 17, holding that drones are aircraft and subject to the code of federal regulations that govern aircraft. In Michael P. Huerta, Administrator, Federal Aviation Administration v. Raphael...more

Lawmakers Seek Details On Consumer Data Breaches From Financial Institutions

On November 18, 2014, several major financial institutions received requests from lawmakers for detailed information about recent data breaches and for briefings from their corporate data security officials. The lawmakers...more

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

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