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The LabMD Case: Further Defining the FTC’s Enforcement Powers

The scaffolding of the FTC’s powers in the realm of cybersecurity continues to be built. On Monday, the FTC’s Chief Administrative Law Judge D. Michael Chappell issued an initial decision in the FTC’s closely watched...more

The Schrems Decision and Safe Harbor: Can you bring tools to the data?

In this Front-Line interview, which is the first of two parts, EDT CEO, Jo Sherman, shares her views as to how data protection and transfer have now changed with regards to the recent Schrems decision. Jo encourages...more

UK Insurers Probed for Cyber Risk

The UK's Prudential Regulation Authority (PRA) has, this month, written to insurance companies in the UK to find out more about how they deal with the threat posed by cyber attacks and what mechanisms they have in place to protect client data. The PRA is (since 1 April 2013) responsible for the prudential regulation and supervision of around 1,700 banks, building societies, credit unions, insurers and major investment firms.more

The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service subject to regulation under Title II of the Communications Act. Previously, the FCC classified broadband service as a lightly regulated Title I Information Service, while Title II was primarily used to regulate telephone service. This decision by the FCC has two major privacy implications for broadband customers and Internet Service Providers (“ISPs”).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 the security of a government-run website, it was confirmed that hackers had targeted an unclassified computer network used by senior White House staff.more

Data Management for Health Care Organizations: Is Your Head in the Sand? The Data Is Not There

It is virtually inevitable that health care companies will be called upon to preserve, collect, review and produce some portion of their electronic records. Health care companies face unique and complex challenges as they accumulate increasingly large quantities of data in both paper and electronic form. Data management varies among health care entities. Even health care organizations with retention plans struggle to find all of their data. The explosion in recent years in the use of mobile devices and email – from laptops and tablet computers to smart phones and thumb drives – complicates data management in this highly regulated industry. Steven R. Smith and Sarah E. Swank of the Ober|Kaler Health Care General Counsel Institute hosted this 90-minute webinar, along with litigation attorney James E. Edwards, Jr. and forensics expert and electronic discovery consultant, John Ashley. The presenters discussed how health care organizations can evaluate, implement and monitor a comprehensive approach to gaining control of e-data. They explored data management in various contexts: - Litigation: E-Discovery and subpoenas - Regulatory: Government investigations and enforcement and administrative proceedings - Transactional: Due diligence In every context, the cost of handling data can be reduced dramatically if the company implements a plan in advance. This session offered alternative strategies and lessons learned to assist health care organizations in making thoughtful planning decisions that will ultimately yield potentially large cost savings and avoid downstream headaches. Please see full presentation below for more information. You may also view a recording of this program at these links: - - more

#Ediscovery & Biz Data Keeps you from Sleeping? Know Data Retention Policy's 4 Pillars. Primer.

Writing a Data Retention Policy may seem unimportant when there are so many other aspects of running a business that require your attention, but having one in place will save your company lot of time, money, and headache if it ever becomes involved in litigation or is the subject of an investigation. A well-drafted and executed policy will reduce the cost of producing data in these situations, as well as keep the company compliant with the rules and statutes governing the storage and destruction of electronic data on the federal, state, and international levels.more

Do Public Records Have to be Readable to be Subject to Release under OPRA?

Do Public Records Have to be Readable to be Subject to Release under OPRA? by Sheri Siegelbaum on August 24, 2012 The New Jersey Open Records Act (OPRA) continues to pose challenges for municipalities. In a recent decision, Superior Court Judge Yolanda Ciccone ruled that data does not need to be readable to qualify as a public record. The Facts of the Case The New Jersey OPRA lawsuit was filed by the Gannet newspaper chain after the Somerset County borough of Raritan failed to provide payroll data in response to a public records request. One of Gannet’s newspapers requested that the information be provided in a digital file; however, Raritan’s private payroll vendor only stored the data in Portable Document Format, or PDF. It would have cost $1,100 for the company to convert its PDF into a spreadsheet. more

Memo on HHS's NPRM: HIPPA Privacy Rule Accounting of Disclosures and Access Reports

On May 31, 2011, the Department of Health and Human Services (“Department”) issued a Notice of Proposed Rulemaking (“NPRM”) as authorized by the HITECH Act of 2009. Primarily, the proposed changes revise 45 C.F.R. § 164.528 by dividing it into two separate rights available to individuals: (1) the right to an accounting of disclosures and (2) the right to an access report. This memo proceeds in the following manner. Part II defines important key terms used in this memo. Parts III, IV and V follow the headings of the NPRM. Part III gives an outline of the distinction between an accounting of disclosures and an access report, and includes the Department’s intent and purpose for requiring access reports. Part IV provides a condensed, section-by-section explanation of the changes in the NPRM. Part V lists the effective and compliance dates for the proposed rule. Finally, Part VI gives a comprehensive list of the Department’s specific requests for comment.more

Traveling the New Road to Data Privacy Regulation in the United States: An Examination of Recent U.S. Data Privacy Considerations and Proposed Legislation, Including Safe Harbors

A spate of recent – and renewed – interest in data privacy by the U.S. Government should give those organizations that collect sensitive and personally-identifiable information from individual consumers reason to pause. And while two proposed Senate and House Bills are still in committee, their combined import is clear: the U.S. Government is in the process of stepping-up its regulation of U.S. organizations’ use of personal data. So-called opt-in agreements and End User License Agreements (“EULAs”) will no longer suffice; U.S. consumer data privacy has attracted new government interest, and organizations who fail to take pending regulations seriously could face severe consequences and civil penalties.more

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