Science, Computers & Technology Privacy

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MACRA’s Advancement of EHR Interoperability and Telehealth

This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No. 114-10. We’ve previously covered the repeal of the Sustainable Growth Rate (SGR) in our April 20th post,...more

Landmark UK Data Protection Ruling

The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK’s Data Protection Act 1998 (the “Act”) for non-financial losses....more

FTC Finalizes First Privacy Settlement Against a Retail Tracking Firm

In a first-of-its-kind enforcement action, the Federal Trade Commission (FTC) on Thursday voted along party lines to settle deception allegations against Nomi Technologies (Nomi), a company whose technology allows retailers...more

The New Wave of Data Breach Settlements

4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to...more

Federal Courts in the Third Circuit are Following the National Trend and Dismissing Data Breach Cases for Lack of Standing

Data breaches are becoming increasingly common. These incidents have spawned considerable litigation, including class action lawsuits brought by individuals whose personal information has been compromised. But many of these...more

Foursquare’s new ‘Pinpoint’ product will use geolocational data to send targeted advertisements to your mobile device

While Foursquare’s new product, Pinpoint, surely isn’t the only technology tracking your location these days, with the release of this new product, businesses can transmit targeted advertising depending on an individual’s...more

Telematics and Usage-Based Insurance: Benefits, Challenges, and the Future

The NAIC’s Center for Insurance Policy and Research (CIPR) released a white paper in March 2015 providing an excellent overview of the brave new world of automobile “telematics” data and their use in premium rate-making by...more

House Passes Cybersecurity Information Sharing Bills

On Wednesday, April 22, 2015, the House passed H.R. 1560, the Protecting Cyber Networks Act, sponsored by House Intelligence Committee Chairman Devin Nunes (R-CA), with Ranking Member Adam Schiff (D-CA) as lead cosponsor. ...more

Is Wi-Fi Security Keeping You Awake on the Road?

Sometimes it’s hard to get a good night’s rest out on the road. Accessible Wi-Fi in hotels, airplanes, coffee shops, and other hospitality locations has quickly gone from a luxury to a  necessity for customers who need...more

House passes bipartisan bill with liability protections for sharing cyber threat data

In the wake of huge data breaches in the last year, multiple pieces of legislation have been introduced in the past few months relating to cybersecurity and the sharing of information between public and private entities in...more

Regulators Examining Cybersecurity Policies and Practices for the Insurance Industry

Shortly after the discovery of a cybersecurity breach at the health insurance company Anthem, Inc., the National Association of Insurance Commissioners (NAIC) called for a multi-state examination of Anthem’s cybersecurity...more

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

Virginia first state to create cyber sharing organization

While the federal government grapples with multiple pieces of legislation aimed at sharing information on cyber threats, it is not surprising that states will now get into the fray....more

New Executive Order Allows for Sanctions Related to Cybersecurity

On April 1, 2015, President Obama issued a groundbreaking Executive Order (E.O.) enabling the United States to sanction persons that have (1) participated in malicious cyber-enabled activities constituting a “significant...more

FCC Action Against AT&T Reflects Regulator’s Increasing Focus on Privacy and Data Security

In the wake of the Federal Communications Commission’s (“FCC’s”) first-ever foray last October into fining companies over data security practices, the agency’s Enforcement Bureau Chief, Travis LeBlanc, asserted that the...more

NY Department of Financial Services: Check Your Vendors’ Cybersecurity

According to a recent report released by the New York Department of Financial Services (NYDFS), the financial industry has a long way to go in overseeing the cybersecurity capabilities of outside vendors who carry out...more

Cyber-Attacks, and the Seven Steps to Protect Your Advisory Business Against Them

It sounds futuristic, or like CSI: Cyber, a sci-fi world of white hat/ black hat hackers, and of constant threats to national security and the financial markets caused by the digital world we live in. Based on the latest SEC...more

Data Breach Class Actions: Don’t Overlook Standing Defense Just Because Plaintiff Alleges Identity Theft

A New Jersey federal district court recently dismissed the putative class action claims of four plaintiffs against a health care defendant following the theft of two password-protected laptops allegedly containing personal...more

Is Paying Extra for Privacy the Future of Home Internet Service?

All eyes are on AT&T after the carrier launched its gigabit fiber-to-the-home Internet service in Kansas City, pricing part of the service based on a user's privacy preferences. Interested users can access the carrier's...more

House Passes New Cybersecurity Legislation Amidst Growing Pressure from Industry

The House of Representatives passed the Protecting Cyber Networks Act (H.R.1560) (“PCNA”) yesterday, amidst growing pressure from industry to enact legislation that would help companies harden key infrastructure and respond...more

China Update: Privacy Law and Network Security Developments

The past 16 months have been eventful in China in connection with privacy law and network security developments. Key privacy law developments included: .. the coming into effect of new privacy provisions of the...more

FCC Chairman Tom Wheeler Speaks about Cybersecurity at RSA Conference

As cyber week continues in Washington, Federal Communications Commission Chairman Tom Wheeler traveled to the west coast to speak about cybersecurity at the RSA Conference in San Francisco. Wheeler noted that the FCC has...more

Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith...more

Online Advertisers Take Notice – Recent Canadian Decisions

The Office of the Privacy Commissioner (OPC) has released two important decisions this year on online behavioural advertising (OBA or interest-based advertising) so far this year. On March 25, 2015, the OPC released its...more

FTC Settles With Debt Brokers For Leaking Sensitive Consumer Information

On April 13, the FTC announced that two debt brokers agreed to settle two separate cases filed last year involving the leaking of over 55,000 consumers’ personal information. The brokers allegedly shared consumers’ personal...more

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