Mintz Levin - Privacy & Security Matters

Recognizable Faces Disappear from Facial Recognition Meetings

Facing “industry stakeholders [that] were unable to agree on any concrete cenario” in which affirmative consent should be obtained from individuals before employing facial recognition technologies, nine consumer advocacy…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Privacy Tuesday – June 2015

It’s appropriate that the “boys of summer” feature prominently in today’s post. Strike three for the St. Louis Cardinals? On another summer Privacy Monday in 2014, we made note of a reported hack into the Houston…more
| Consumer Protection, Privacy, Science, Computers, & Technology

New Hampshire Establishes Privacy Protections for Student Online Personal Information

California again has provided a model of privacy legislation for other states to follow. New Hampshire Governor Maggie Hassan recently signed into law House Bill 520 (the “Bill”), a bipartisan effort to establish guidelines for…more
| Consumer Protection, Education, Privacy, Science, Computers, & Technology

Connecticut Amends Data Breach Notification Law

In the absence of any meaningful moves in Congress to enact uniform data breach notification, the states continue to make adjustments to existing laws to better protect affected residents in their states. Connecticut is the…more
| Consumer Protection, Privacy, Science, Computers, & Technology

Privacy Tuesday – June 2015 – OPM Hack

The news continues to pour in about the two-part massive hack into the federal government’s Office of Personnel Management (OPM) and the compromise of personal information of millions of present and former federal…more
| Criminal Law, Privacy, Science, Computers, & Technology

UPDATE: Union Claims that Hackers Have Accessed Personal Data of “All” Federal Employees

As an update to our blog post, “Data Breach Affects Millions of Current and Former Government Workers”, a union representing federal workers is now claiming that the hack may be worse than originally feared. Yesterday, the…more
| Criminal Law, Privacy, Science, Computers, & Technology

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. The…more
| International Law & Trade, Science, Computers, & Technology

Data Breach Affects Millions of Current and Former Government Workers

The U.S. Office of Personnel Management (OPM) announced that hackers have stolen the personal information of approximately 4 million current and former federal employees, including names, birthdates and social security numbers. …more
| Consumer Protection, Privacy, Science, Computers, & Technology

Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because…more
| Civil Procedure, Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

Privacy Tuesday – June 2015 – Courts Affirm Insurers’ Denial of Coverage for Electronic Data Claims  

In the last month, both a federal and state court denied coverage for claims relating to an insured’s handling of electronic data. In the first case, a federal court held that there was no coverage under a cyber insurance…more
| Commercial Law & Contracts, Finance & Banking, Insurance

Failure to Obtain Required Retailer Approval Scuttles Target-MasterCard Data Breach Settlement

Target’s attempt to resolve claims of MasterCard-issuing banks through a $19 million private settlement with MasterCard has been terminated for failure of issuers of 90% of the affected cards to accept the settlement by the…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

The NAI Issues Privacy Guidelines For Interest-Based Advertising, Ad Delivery and Reporting

The Network Advertising Initiative (NAI) has issued guidance for its members on the use of non-cookie technologies for Interest-Based Advertising (IBA) and Ad Delivery and Reporting (ADR) (Guidance). The NAI is a self-regulatory…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

CNA Denies Cyber Insurance Claim

Key takeaway: The insurance applications and underwriting questionnaires prepared in connection with cyber insurance do matter. Cyber security, and cyber insurance, have dominated the industry headlines for several years…more
| Health, Insurance, Privacy, Science, Computers, & Technology

Privacy Monday – May 18, 2015

It’s Monday morning — do you know your privacy/security status? Here are a few bits and bytes to start your week. SEC to Registered Investment Advisers and Broker-Dealers: It’s Your Turn to Pay Attention to…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Fitbit Files for IPO: Cybersecurity Risk Disclosure

Fitbit, the fitness-tracking company with six wearable devices that track and collect data about things like calories burned, steps logged, “quality” of sleep and sleep patterns, heart rate, etc.) as well as web and mobile apps…more
| Commercial Law & Contracts, Communications & Media Law, Privacy, Science, Computers, & Technology, Securities Law
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