Foley Hoag - Privacy & Data Security

Top Tips for OCR HIPAA Audit Preparation

The recently announced OCR HIPAA audits are not a cause for panic, according to experts, especially of organizations have proper documentation. With the most recent round of OCR HIPAA audits announced just last month, many…more
| Health, Privacy

EU-US Privacy Shield: Working Party Urges European Commission to Improve Current Scheme

After the invalidation of the Safe Harbor by the European Court of Justice (“ECJ”) last November in the Schrems case, negotiations between the European Commission and US authorities led to a new agreement called the EU-US…more
| International Law & Trade, Privacy

EU General Data Protection Regulation Adopted

After years of intense discussions, the EU General Data Protection Regulation (GDPR) was finally adopted on 14 April 2016. The GDRP sets out uniform new rules in the field of data protection across the EU, rules that will…more
| International Law & Trade, Privacy, Science, Computers, & Technology

How Hospitals Can Avoid Being the Next Ransomware Victim

Hospitals are increasingly the target of hackers, particularly in the form of “ransomware.” What follows is a primer on ransomware and how to avoid being a target of it…more
| Health, Privacy, Science, Computers, & Technology

Practical Tips to Avoid Being Caught in an IRS Phishing Trap

As a follow-up to our recent discussion of IRS-related phishing attempts, here are a few quick tips to stay out of the phishing traps: ..In general, the IRS does not communicate with taxpayers via e-mail, so any time…more
| Criminal Law, Privacy, Taxation

The Future of Data Privacy Regulation in Massachusetts? AG’s Office foreshadows state action on consumer data in first-of-its kind conference

What is the future of data privacy regulation in Massachusetts? - On March 24, 2016, the Massachusetts Attorney General’s Office gave us a glimpse. In collaboration with Harvard’s Berkman Center for Internet and Society,…more
| Consumer Protection, Privacy, Science, Computers, & Technology

HHS OCR Launches Phase 2 of HIPAA Audit Program–So What?

You have seen all the hysterical headlines — “The HIPAA audits are coming, the HIPAA audits are coming….” But when you really think about it, what is the big deal? If you are a HIPAA covered entity, you surely know by now what…more
| Health, Privacy

IRS Warns of “Surge” in Tax Season Phishing Scams

Tax season ‘tis the season to be phishing, according to the IRS. The IRS has issued a warning to payroll and human resources professionals about a “surge” in phishing emails seen this year. One of the preferred tactics of…more
| Communications & Media Law, Labor & Employment Law, Privacy, Taxation

Challenging the Conventional Wisdom on Mandatory Password Changes

Very interesting thought piece from the FTC’s Chief Technologist. Do mandatory password resets actually make us less secure?…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

Details of the EU-U.S. Privacy Shield Framework Unveiled

The content of the Privacy Shield was made public yesterday and today. The new framework dedicated to the EU / US flow of personal data is in fact a combination of several documents issued by the US and the EU…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

President Obama Signs the Judicial Redress Act (H.R.1428/S.1600)

As part of implementing the EU-US Privacy Shield, on February 24, 2016, President Obama signed the Judicial Redress Act (H.R.1428/S.1600). This law is designed to give EU citizens the right to sue the U.S. government for privacy…more
| Civil Remedies, Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology

FTC Announces COPPA Settlements Based on Persistent Identifiers

The COPPA Rule requires website and online service operators to give notice to parents and obtain verifiable parental consent before collecting children’s “personal information” online. 16 CFR §§ 312.4, 312.5. The definition…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Reminder: March 1, 2016 Effective Date for Information Systems Security Programs Including Cybersecurity for NFA Members

As noted in our earlier Foley Adviser, March 1, 2016 is the effective date for NFA member firms (including futures commissions merchants, commodity trading advisors, commodity pool operators, introducing brokers, retail foreign…more
| Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

In Cybersecurity, No Harm Does Not Necessarily Mean No Foul

How much does the question of harm matter in cybersecurity law? The answer is: It depends on who is bringing the claim. Businesses confronting data breaches can face litigation from private consumers as well as from…more
| Civil Procedure, Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

February 3, 2016 Statement of the Article 29 Working Party on the Consequences of the Schrems Judgment

In response to the announcement of the EU-U.S. Privacy Shield, the Article 29 Working Party issued its own statement, the key elements of which are as follows..…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology
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