Data Protection

News & Analysis as of

On the Tenth Day of Privacy, OCR Gave to Me…..

……………..a cumbersome C-A-P The U.S Department of Health and Human Services Office for Civil Rights has received tremendous publicity in recent years for its upward-trendingfines and aggressive enforcement of HIPAA...more

2014 Information Governance Year in Review

2014 has been perhaps the biggest year Information Governance (“IG”) has seen. A relatively small and, if not unknown, at least undefined field only a few years ago has grown into an area of interest—and concern—to many...more

On the Ninth Day of Privacy, my true love gave to me….

a tracking device in my car …. she is now my ex-true love…. A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data...more

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

New York DFS Targets Third-Party Relationships in Letters to Banks

Why it matters - Continuing the regulatory focus on third-party relationships, New York’s Department of Financial Services (DFS) has sent multiple letters to banks across the country to address the issue of data...more

Lost in the Cloud: Dropbox, Data “Insecurity,” and Employee Shenanigans

For the uninitiated, Dropbox and other similar tools—such as SkyDrive, Google Drive, or Cubby—allow a user to log in to an account, upload documents or files to the cloud, and then access or download them from any device,...more

NY DFS Advises Banks On New Cybersecurity Examination Process

On December 10, NY DFS Superintendent Benjamin Lawsky issued a bulletin to all New York state-chartered or licensed banking institutions regarding an updated IT examination process. Effective immediately, cybersecurity...more

On the Seventh Day of Privacy, federal agencies gave to me…..

Questions of Authority – who will be the federal regulatory cop on the privacy beat? FTC? FCC? Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 - As privacy and data security gain more visibility...more

Failure to take basic security measures may result in HIPAA penalties – 6 tips to keep up with updates and patches

Covered Entities and their Business Associates must comply with HIPAA’s Security Rule, or they may face substantial penalties. The Office of Civil Rights (OCR) recently shared a resolution agreement that emphasizes the...more

Cybersecurity Monday: Who Is Shopping for Your Data?

At this time of year, everyone is shopping for a good bargain. And with “Cyber Monday,” the internet has become the place to go for the best deals. The shift to online and cloud-based information systems and data storage has...more

CHRISTMAS 2014: Top Five Privacy & Cyber Predictions, Trends And Issues For 2015 And Beyond!

Last year at this time we looked forward to the APPs coming into effect (from 12 March 2014) and highlighted the Top 10 Things You Think You Know About Privacy But Don’t!. In September this year we highlighted the practical...more

Deputy Treasury Secretary Discusses Cybersecurity Checklist for Banks

Deputy Treasury Secretary Sarah Raskin, who recently spoke at the Texas Bankers’ Association Executive Leadership Cybersecurity Conference, provided bank executives and boards some guidance on preventing, preparing for and...more

An Update on the Cybersecurity Framework and Action Items for NIST

The National Institute of Standards and Technology (NIST) recently released an update on its Framework for Improving Critical Infrastructure Cybersecurity (The Framework). The Framework was first issued in February 2014 as a...more

Cybersecurity…At Least There Is One Thing Congress Can Agree On

While most political observers were focused last week on the debates surrounding passage of the so-called “Cromnibus” spending bill, less noted was the fact that the U.S. Congress managed to pass a number of cyber-security...more

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

Alert: Congress Ramps Up Cyber Legislation Activity: Four Bills Await President Obama's Signature

After years of pundits saying "oh, major cyber legislation will pass this year," it may finally be happening. Last week Congress hammered out details on four different cyber bills that are intended to help the country move...more

New York Establishes New Cyber Security Examination Process for Financial Institutions

New York’s Department of Financial Services released a letter on December 10, 2014, announcing the details of its plan to focus more attention on cyber security matters in conducting examinations. Directed at New...more

On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

Comptroller: Retailers Must Be Held Accountable for Data Breaches

Why it matters - Reflecting continued regulatory focus on the issue of cybersecurity, Comptroller of the Currency Thomas Curry said in recent remarks, retailers must be held accountable for data breaches, urging...more

Data Security, Cyber Liability and First-party Costs for Mid Cap and Small Companies Are Reaching Catastrophic Levels

Curiously, while the numbers on data security and cyber liability losses have grabbed headlines, the published information has not focused on the insurance perspective. NetDiligence® recently released its Cyber Claims Study...more

Views on Data Security Readiness

Hacking breaches continue to push companies into the unwelcome public spotlight to defend their corporate data security practices—including recently the cyberattack on Sony Entertainment Corp. (13 PVLR 2062,...more

Don’t Be the Next Data Breach Target

As the much-publicized data breaches of the last year reveal, third parties are often the gateway to an organization’s data. As repositories of vast amounts of confidential client data in e-discovery, such as personally...more

Status Updates - December 2014 #4

Instagrowth. Instagram’s relationship with Facebook is turning out to be mutually beneficial. Since Facebook bought Instagram for $1 billion in 2012, the photo sharing platform has passed the 300-million-user mark, surpassing...more

Top 10 Topics for Directors in 2015

In this issue: - Strategic Planning Challenges - Cybersecurity - Assess the Impact of Advances in Technology and Big Data - Shareholder Activism - The Return of M&A - Risk...more

Both Sides Now: Cloud Security and Privacy Enter the Modern Era with ISO 27018

Until recently, many cloud users felt like Joni Mitchell in her classic song, “Both Sides Now.” No matter how you looked at clouds, you never really understood them, how they worked, or what happened inside them. Cloud...more

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