Data Protection

News & Analysis as of

Status Updates - November 2014 #12

Forget me not. Twitter launched just eight years ago with this tweet from company co-founder, Jack Dorsey: (Please see photo below.) (Not nearly as dramatic as “Mr. Watson—come here—I want to see you”— but I digress.) ...more

Spring Cleaning in the Winter?

Winter is as good a time as any other for some spring cleaning when it comes to data privacy. In this case, the task is dusting off the privacy policies that you probably had drafted a while ago and probably have not looked...more

Encryption and Securing BYO Devices at the Heart of Massachusetts AG $100,000 Settlement

The Massachusetts Attorney General announced Friday that her office had reached a settlement with Beth Israel Deaconess Medical Center (BIDMC) surrounding a 2012 data breach in which a physician’s unencrypted personal laptop...more

Privacy Tuesday - November 2014 #2

Here are three privacy stories to start your week - 1. Dear “financial institution” : how is your data security?! Senator Elizabeth Warren (D-Mass) announced (press release) that on November 18 the Senator...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

Advertising Law - November 2014 #2

Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims - Just how safe is the purported “safest place on the Internet”?: Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more

PCI-DSS 3.0's Focus on the Data Security Practices of Service Providers

Preventing the unauthorized access to and fraudulent use of credit and debit cards has been a high priority of the payment card industry for years. As the threat environment evolves, so too do the applicable data security...more

Blog: How Student Privacy and California’s SOPIPA May Affect You

California recently passed the Student Online Personal Information Protection Act (“SOPIPA” a.k.a. “so-peep’-ah”), which is the first state law to comprehensively address student privacy and will be effective January 1, 2016....more

Proposed New Jersey Legislation Seeks to Protect Privacy Interests in Motor Vehicle’s “Black Box” Data

In past investigations into automobile collisions, drivers often faced little challenge to their claims that they adhered to speed limits but somehow lost control of the car, that they applied their brakes but could not slow...more

Top 5 takeaways on connected cars

Here are the main legal topics on connected cars covered during the Connected Automobiles conference where I gave a presentation named “Privacy and regulations: state-of-the-art and future issues” on legal issues relating to...more

European DPA’s Give Privacy Recommendations to Stakeholders Regarding the “Internet of Things”

The Article 29 Working Party, which is composed of representatives of DPA’s from every European country, has recently rendered an opinion on data privacy issues surrounding the development of the “Internet of Things” (IoT),...more

Data Center Contracts: Privacy and Security Terms

A sometimes overlooked but potentially significant liability exposure for any company that uses the “cloud” to remotely store, process or distribute data is the service provider contract between the company user and its data...more

HIPAA in the Time of Ebola

Ebola has recently been the source of much concern, and health care providers and hospitals are taking steps to prepare themselves for the possibility of treating patients with Ebola. In addition to all of the medical...more

Ebola or Not, Patient Privacy Must Be Protected: Office for Civil Rights Issues Bulletin on HIPAA Requirements in Emergency...

In the wake of the recent Ebola cases, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a new bulletin reminding HIPAA-covered entities and their business associates that the...more

CFTC Chairman Provides Guidance on Cybersecurity

On November 5, 2014, the Chairman of the Commodity Futures Trading Commission, Timothy G. Massad, gave keynote remarks at the Futures Industry Association Expo 2014. Part of Chairman Massad’s remarks focused on the...more

Governments Eager to Help Market for Cyber Insurance Develop

Have you heard about cyber insurance? It is predicted to be the next big thing in insurance coverage. In the aftermath of the Home Depot and Target data breaches, it’s easy to see why companies doing business over the...more

Alert: New Russian Law Will Require Personal Data of Russian Citizens to be Processed on Servers Located in Russia

In July 2014, Russian Federation President Vladimir Putin signed Federal Law No. 242-FZ (the "Law"), which amends existing Russian data privacy laws to require that personal data of Russian citizens be processed by servers...more

Pushing for Security, President Signs Executive Order on Chip-and-PIN Tech

Why it matters - In an effort to push retailers to adopt heightened security for credit and debit cards, President Barack Obama signed an executive order mandating chip-and-PIN technology for government cards. ...more

Could Your Client’s Choice Of Service Provider Jeopardize The Attorney-Client Privilege?

Most of us realize that we give up a certain amount of privacy when we use Gmail or other providers that serve ads based on the contents of our email messages. But we probably aren’t in the habit of reading our service...more

Data Privacy And Cybersecurity For Investment Funds

In This Presentation: - WHY IS DATA PRIVACY AND SECURITY IMPORTANT? ..Why is it important to protect data? ..SEC Cybersecurity Risk Alert ..FINRA Scrutiny - BEFORE THE BREACH ...more

Tokenization Introduced to Tackle Cyber Crime

On November 3, a large financial services company announced the rollout of its Token Service (Service) for online, mobile app, and in-store mobile purchases. The Service is designed to increase security and reduce...more

Payment Industry Council Issues Best Practices For Security Awareness

Recently, the Payment Card Industry (PCI) Security Standards Council published guidance to help organizations strengthen their security awareness. The guidance, developed by retailers, banks, and technology providers, details...more

Investment Management Update - Focus on Data Privacy and Cybersecurity [Video]

Pepper partners Gregory J. Nowak and Angelo A. Stio III discussed data privacy and cybersecurity issues for investment funds during a recent webinar for West LegalEdcenter. This podcast is a recording of their...more

IP|Trend: It’s Time to Get to Know the Federal Trade Commission [Video]

Like it or not, the Federal Trade Commission (FTC) has injected itself into regulating and monitoring data privacy practices of corporations. Attorneys Seth Northrop and Richard Martinez discuss what this means for companies...more

NIST Framework as Basis for Standard of Care for Cyber Security

When the National Institute of Standards and Technology (“NIST”) released its Cybersecurity Framework for Improving Critical Infrastructure Cybersecurity (the “Framework”), (a priority program for the federal Department of...more

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