Mintz Levin - Privacy & Security Matters

What does the Brexit vote mean for UK Data Protection?

US companies and policy makers will no doubt spend a good chunk of the day today considering the possible implications for them of yesterday’s UK vote for Brexit. Mark Carney, Governor of the Bank of England, has issued a…more
| Commercial Law & Contracts, Consumer Protection, Elections & Politics, International Law & Trade, Privacy

OCR Warns of HIPAA Risks in Third-Party Apps

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently issued a warning regarding vulnerabilities in third-party applications used by entities covered by HIPAA. The OCR warning applies…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

“Interim” No More: DHS and DOJ Publish Final CISA Guidance on Cybersecurity Sharing

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have issued the long-awaited final procedures for both Federal and Non-Federal Entities under the Cybersecurity Information Sharing Act (CISA) (“Final…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Practice Fusion and FTC Settle Complaint Over Deceptive Statements About the Privacy of Consumer-Generated Online Content

Last week, the Federal Trade Commission (FTC) announced (press release) that Practice Fusion, the largest cloud-based electronic health company in the United States, has agreed to settle FTC charges over deceptive practices…more
| Antitrust & Trade Regulation, Consumer Protection, Health, Privacy, Science, Computers, & Technology

EU Privacy Shield Status Update

While it’s making few headlines, the European Commission is still working to finalize Privacy Shield, and it’s even possible that Privacy Shield will pass a key hurdle by the end of this month. The Commission is still…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Illinois Joins the Fray: Strengthens its Laws Around Data Breach Notification and Data Security

Sophisticated phishing scams and muscular hacking efforts continue to compromise personal and sensitive information held by insurers, hospital systems, and businesses large and small. In response, many states have strengthened…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

Delta Wins CalOPPA Case – But Your Mobile App May Not Fly

In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Transportation

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
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