Data Protection Data Security

News & Analysis as of

FTC Case Against LabMD Dismissed Due to Lack of Harm

This past Friday the 13th was not a lucky day for the Federal Trade Commission (FTC). An Administrative Law Judge (ALJ) dismissed the FTC’s data security enforcement proceeding against LabMD on the grounds that the FTC failed...more

FCC Issues First Privacy Enforcement Action Against Cable Operator

In the third privacy-related enforcement action of the year, the FCC Enforcement Bureau entered into a $595,000 settlement with Cox Communications to resolve an investigation into the company’s loss of customer personal data....more

Employment Law Update - November 2015

Coming Changes to Overtime Exemptions Rules Will Have Serious Impact on Employers - The Fair Labor Standards Act ("FLSA") requires that employees be paid minimum wage and overtime pay at a rate of not less than one and...more

NAIC Cybersecurity Task Force Adopts Cybersecurity Bill of Rights

On October 14, 2015, the National Association of Insurance Commissioners’ (NAIC) Cybersecurity Task Force adopted the Cybersecurity Bill of Rights, a document meant to inform consumers of the services they can expect from...more

Agreement “In Principle” On New US-EU Safe Harbor Pact

The European Union announced on October 26, 2015, that it had reached an agreement “in principle” with the United States on a new transatlantic data-sharing pact—though a final agreement between the parties is likely still...more

Advanced Cyber Security Center Panel Explores Reasonableness in Cybersecurity

I had the pleasure of moderating an excellent panel at the Advanced Cyber Security Center’s annual conference on November 4. The panel’s topic for discussion was “What is Reasonable in Cybersecurity: Responsibility and...more

Recent Government Cyber Alert and Draft Guide for Financial Institutions: Lessons for All Organizations

All organizations, including financial institutions, continue to face significant security threats across their wide ranging IT systems. Such organizations are particularly vulnerable if they cannot track networked devices...more

San Francisco Launches First “Internet of Things” Wireless Network in United States

With the onslaught of smart watches, smart thermostats, and even smart refrigerators that allow you to Tweet hungry messages to your followers, it’s only natural that a “smart city” would follow. This week, San...more

NAIC Adopts Cybersecurity Bill of Rights

The National Association of Insurance Commissioners (“NAIC”) continued its efforts to advance cybersecurity in the insurance industry when it recently adopted the Cybersecurity Bill of Rights. The Cybersecurity Bill of Rights...more

Three Trending Topics in IoT: Privacy, Security, and Fog Computing

Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the...more

Data Breach Planning in 10 Easy Steps: How to Think Like A Litigator

For the first Tuesday in November, we have 10 easy steps to make sure that your data breach incident response planning is viewed from that pesky point of view of a litigator....more

Illinois finds itself at forefront of facial-recognition litigation

Illinois is leading the way in regulating facial-recognition technology — it is one of only two states (the other Texas) that has passed laws covering the collection and use of biometric information. Illinois also is...more

HIPAA and Text Messaging

Text messaging is pervasive. Doctors and other health care providers, covered entities, and business associates currently use (and embrace) the technology. Texting is easy, fast and efficient. It doesn’t require a laptop...more

Following the Wisdom of the Crowd? A Look at the SEC’s Final Crowdfunding Rules

In this alert, we provide a detailed overview of the final rules, Regulation Crowdfunding, which will be applicable to crowdfunding offerings conducted in reliance on Section 4(a)(6) of the Securities Act of 1933 as amended...more

Uber class action case hits roadblock

A California federal judge has ruled that a former Uber driver who is suing Uber in a proposed class action case was unable to show that he suffers an immediate threat of identity theft and dismissed the driver’s first...more

California Updates Data Security Laws

Why it matters - The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by Governor Jerry Brown. Specifically, Senate...more

Consumer Trust should be at the heart of the Digital Economy

A recent report summary produced by the Organisation for Economic Cooperation and Development (‘OECD’) highlighted that many countries are placing too much emphasis on developing their digital economies and are neglecting the...more

Senate passes Cybersecurity Information Sharing Act

After a long delay, with a vote of 74 to 21, the United States Senate passed the Cybersecurity Information Sharing Act (CISA) on October 27, 2015. The bill has been touted as being controversial and is opposed by...more

NIST seeks comments on Guide to Help Financial Sector Manage IT Assets

The National Cybersecurity Center of Excellence is seeking comments on a draft practice guide, entitled “IT Asset Management (Special Publication 1800-5a)” which is “designed to help the financial services industry monitor...more

CFTC Approves NFA Interpretive Notice on Information Systems Security Programs, Including Cybersecurity Guidance

The CFTC recently approved the National Futures Association’s interpretive notice (the “Cybersecurity Notice”) on the general requirements that members should implement for their information systems security programs...more

Data-Harvesting Zombie Hackers, Blood-Thirsty Auditors, and Other Reasons to be Scared on Halloween

This Halloween, the scariest monsters might not be in your closet or under your bed. They may be overseas, orchestrating intrusions into your electronic medical record. Or they may be lurking in your own workforce, carrying...more

HHS’ Selection of Contractor Provides Latest Update on Impending Second Round of HIPAA Audits

On October 27, 2015, a U.S. Department of Health and Human Services (“HHS”) official stated that the agency has hired FCi Federal, a provider of management and professional services to government agencies in Ashburn, VA, to...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Colleges and Universities Are Prime Cyberattack Targets: What’s Behind the Threat?

When it comes to cyberattack targets, many think of retailers and associated credit card transactions or customer information, or perhaps healthcare providers with their ever-increasing storage and transmission of electronic...more

Judicial Redress Act Passes House; May Aid New U.S.-E.U. Safe Harbor

On October 20, the U.S. House of Representatives passed the Judicial Redress Act (the “Act”) to allow European Union residents to challenge certain privacy violations by the U.S. government in U.S. courts. If passed by the...more

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