Mintz Levin - Privacy & Security Matters

Supreme Court Decision in Spokeo Breathes Life Into Standing Defenses

Court holds that plaintiff must allege a concrete injury to have standing to sue for a statutory violation; remands for further proceedings - In its just-issued decision in Spokeo, Inc. v. Robins, No. 13-1339, slip op. (May…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking

PCI DSS 3.2: It’s here, what does it mean for you?

The Payment Card Industry Security Standards Council (PCI SSC) has released a new version of its data security standard for the protection of cardholder data, the Payment Card Industry Data Security Standard (PCI DSS). PCI DSS…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

Save the Date: GDPR goes into effect May 25, 2018

We now have a precise date for the European Union’s General Data Protection Regulation to go into effect: May 25, 2018…more
| Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology

Breach Response Portal Added by Massachusetts Regulator

If you have had to provide data breach notices across any number of states (and who hasn’t….), you would know that they vary widely in how those notices must be provided to state regulators. In some states (for example,…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

FCC Broadband Privacy and Security Proposed Rulemaking Underway

As we reported last month, the FCC was preparing a proposed rulemaking (NPRM) to establish privacy and data security requirements for broadband internet access service (BIAS) providers. The FCC has now released that proposal…more
| Communications & Media Law, Privacy

Key EU Advisory Body Declines to Support Privacy Shield

UPDATE: The Article 29 Working Party has released surprisingly brief comments on Privacy Shield. Consistent with the press briefing held on April 13, 2016, WP29 has concluded that Privacy Shield falls short without providing…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

It’s A Wrap! Sony Pictures Data Breach Case Settles Without A Hollywood Ending For The Plaintiff Class

Everyone loves a good courtroom drama. So just imagine this pitch: henchmen of an evil dictator hack their way into a movie studio computer system. Once inside, they steal the most sensitive personal information of the…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Privacy

Pay Attention to Business Associate Agreements!

For our HIPAA-covered entity readers, we have asked these questions before: Have you taken a business associate inventory? Have you undertaken a comprehensive risk assessment as required by HIPAA?…more
| Health, Privacy, Science, Computers, & Technology

CISA Guidelines (Part 3): Guidance to Assist Non-Federal Entities

As we wrote previously, the federal government released several guidance documents last month implementing The Cybersecurity Information Sharing Act (CISA). Among these was the Guidance to Assist Non-Federal Entities to Share…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Early Settlement of the Home Depot Consumer Data Breach Claims – The Start of a Trend?

Last week, a federal court in Atlanta issued an order preliminarily approving a proposed settlement – valued up to $19.5 million – of the consumer claims arising from the 2014 theft of payment card data from Home Depot. The…more
| Civil Remedies, Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

FCC Announces Broadband Privacy Proposal

FCC Chairman Tom Wheeler has announced that a proposed rulemaking is being circulated among the Commissioners that would establish privacy and data security requirements applicable to providers of broadband Internet access…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Verizon Settles Supercookie Probe with FCC

Verizon Wireless has reached a settlement with the Federal Communications Commission over Verizon’s insertion of unique identifier headers (“UIDH”), also known as “supercookies,” to track customers’ mobile Internet traffic…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Apple vs. FBI: The House Judiciary Committee Hearing and Takeaways

Among the major headlines dominating not only the recent news cycle, but also this week’s RSA Conference in San Francisco, has been Apple’s challenge to the federal government’s request that Apple assist in unlocking the iPhone…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

CISA Guidelines: Privacy and Civil Liberties Interim Guidelines for Federal Agencies

Last week, we discussed the Federal government’s first steps toward implementing the Cybersecurity Information Sharing Act (CISA). Among the guidance documents released by the Department of Homeland Security and the Department…more
| Consumer Protection, Privacy, Science, Computers, & Technology

Key Review of Privacy Shield Coming in Six Weeks

Now that the EU Commission has published the complete version of its draft decision adopting the EU-US Privacy Shield program, it’s time for the key reviewers to dig in. I don’t mean the lawyers, or EU privacy advocates, or US…more
| Consumer Protection, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology
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