Data Privacy Data Security

News & Analysis as of

NIST releases draft guide for use of mobile devices for medical providers

The National Institute of Standards and Technology (NIST) cybersecurity center released a draft guide last week for health IT professionals to use to bolster security for the use of mobile devices in the health care industry....more

Federal Data Breach Bill Stalled in Congress

A key distinguishing feature of U.S. data privacy laws is their patchwork nature. There are industry-specific data privacy laws at the federal level (think HIPAA or the GLBA), yet there are no comprehensive federal standards...more

Oregon Amends Data Breach Law — Companies Can Expect More Enforcement Actions

Oregon Gov. Kate Brown recently signed into law amendments to the state’s data breach law. These amendments recognize the growing definition of data, expand the role of the Attorney General in addressing data breaches,...more

Russian Government Considering Delaying Data Localization Law

A controversial data localization law in Russia that would require businesses to perform data storage and processing with servers located on Russian soil is set to go into effect on September 1, 2015, after an amendment...more

HR Has More Important Things To Do

On Tuesday, Salon published an article titled “5 Ways Corporate HR Departments Monitor Your Movements – Even When You’re Not Working.” Because we’re always interested in the subject of employee monitoring, we eagerly clicked...more

This Is Not Your Father's Oldsmobile: Car Hacking and the SPY Car Act

Not coincidentally, on July 21, 2015, Wired Magazine published an article with groundbreaking evidence of hacking a car wirelessly, and Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced legislation...more

GAO Issues Report Citing Shortcomings In Federal Government Cybersecurity

On July 8, 2015, the Government Accountability Office (“GAO”) issued a report finding that agencies across the federal government continue to have shortcomings in preventing, detecting, and responding to cyber threats. The...more

Class Action Suit Filed Against UCLA After It Suffers Massive Data Breach Affecting 4.5 Million Individuals

In yet another data breach affecting millions of individuals, UCLA Health System (“UCLA”) reported on July 17, 2015, that hackers had accessed portions of its health network that contained personal information, including...more

Auto manufacturers’ alliance create information sharing and analysis center for cyber-threats

Twelve automakers that make up the Alliance of Automobile Manufacturers (AAM) have agreed to form an information sharing and analysis center (Auto ISAC) that will facilitate the sharing of cyber security data to stay abreast...more

Seventh Circuit overturns Neiman Marcus data breach class action dismissal

In an unusual turn for recent data breach class action cases, the Seventh Circuit this week found that a likely threat of identity theft is sufficient for a proposed class to have standing to sue Nieman Marcus for a...more

Cybersecurity is once again a hot topic as Illinois undergoes PIPA update

Cybersecurity is a hot topic at both the state and federal level. Specifically, Illinois is in the process of amending its Personal Information Protection Act (“PIPA”). Illinois SB 1833 will amend PIPA by establishing more...more

Class Is in Session: The FTC Launches New Data Security Initiative

Why it matters - The Federal Trade Commission (FTC) kicked off a new educational initiative to provide guidance to businesses in the area of data security. Based on the lessons learned from more than 50 of the agency's...more

FTC's New Consumer Data Security Guidance Offers Businesses Practical Tips

The Federal Trade Commission has issued new guidance on data security for companies that collect, store and use consumer information, gleaned from the more than 50 enforcement actions brought by the agency over the past...more

Hospital’s Cloud-Based Document-Sharing Practices Lead to $218,400 HIPAA Settlement

On July 10, 2015, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced a substantial settlement with St. Elizabeth’s Medical Center (SEMC). Under the terms of the settlement, the hospital...more

China Proposes Draft Privacy Legislation with Significant Potential Implications

On July 6, 2015, China’s legislature, the National People’s Congress (NPC), circulated for comment two pieces of draft legislation with significant potential implications for data privacy and data security in China. Comments...more

With No Federal Law in Sight, States Continue to Refine Their Own Data Privacy Laws

With no Congressional consensus to adopt a federal data privacy and breach notification statute, states are updating and refining their already-existing laws to enact more stringent requirements for companies. Two states...more

Also In the News - Data, Privacy, & Security Practice Report - July 2015 #2

FCC Working Group Issues Report On Cybersecurity Best Practices – The June 2015 issue of the Intellectual Property & Technology Law Journal features an article by King & Spalding partner Steven Snyder on a Federal...more

UCLA Health System announces data breach affecting 4.5 million patients and medical providers

Adding to the long list of cyber hacking victims, the UCLA Health System announced on Friday (July 17, 2015) that it confirmed on May 5, 2015 that a cyber-attacker had accessed parts of UCLA Health’s network back to September...more

You Can’t Just WISPer – Employers Must Publish or Display Security Policies

WISP is the acronym for Written Information Security Policy. The information at issue is an individual’s personal information and identifiers, such as a Social Security number, driver’s license number, credit or debit card...more

State Attorneys General Ask Congress Not To Preempt Breach Notification Laws

In the wake of recent, large-scale data breaches, several pieces of legislation have been introduced in Congress to establish a national data breach notification law, including a House bill that would preempt the current...more

Army National Guard announces data breach affecting both current and former members

On July 10, 2015, the Army National Guard announced a breach of its current and former members’ personal information, dating back to 2004. The breach occurred when files containing personal information were accidentally...more

FCC becomes another active regulator over data security through $3.5M settlement with two telecom companies

The FCC has announced that it will receive a settlement payment of $3.5 million from two telecommunications companies—TerraCom Inc. and YourTel America for allegations around the companies’ failure to safeguard customers’...more

Connecticut Updates its Data Security Laws, Imposing Stringent New Requirements

On June 30, 2015, the Governor of Connecticut signed into law S.B. 949, “An Act Improving Data Security and Agency Effectiveness." The new law updates Connecticut’s data security laws, including by adding a 90-day hard...more

Is My Telehealth App Subject to HIPAA?

Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more

HIPAA Settlement Regarding Use of Internet Applications

On July 10, 2015, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced a settlement agreement with St. Elizabeth's Medical Center (SEMC) in Brighton, Massachusetts, regarding potential...more

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