Data Protection

News & Analysis as of

Germany: Monitoring and/or Reading of Employees' Emails

Although there is no German law specifically prohibiting monitoring or reading of employee emails, the German Federal Data Protection Act (Bundesdatenschutzgesetz – hereinafter “BDSG”) as well as the German Telecommunication...more

QATAR: Promulgating the Cybercrime Prevention Law

On 15 September 2014, Qatar’s Emir approved Law No. 14 of 2014, The Cybercrime Prevention Law (“Cybercrime Law”). Although it has not yet been published in Qatar’s Official Gazette, the text of the law was published in the...more

Information Security Training Master Class: Winning the Battle against Data Breaches, Malicious and Negligent Employees, and...

The Human Element of Information Security - In Part One of this series, I laid out data breach statistics that were at best startling, and at worst downright terrifying. Thankfully, a large percentage of the data...more

California Breaks New Ground in Education Privacy Law with K-12 Student Data Privacy Bill

A substantial rise in schools’ use of online educational technology products has caused educators to become increasingly reliant on these products to develop their curricula, deliver materials to students in real time, and...more

WEBINAR: Breach, Enforcement and Beyond: HIPAA Breach Notification Analysis and OCR Enforcement Activities

The Office for Civil Rights of the US Department of Health and Human Services revised the breach notification regulations last year in order to make the analysis of whether a breach occurred more objective. In addition, OCR...more

Are You Ready? The EU “Cookie Sweep” Is Upon Us

This week, European authorities will be conducting a "cookie sweep" consisting of random checks of websites to ensure that they are complying with European Union (EU) "cookie" laws....more

Healthcare Legal News: Volume 4, Number 3 - Special Issue: HIPAA Update

Recent Trends in HIPAA Liability - Since the passage of the 2013 HIPAA Omnibus Rule, there has been a substantial increase in HIPAA enforcement actions brought by the Department of Health and Human Services, including...more

Back -to- School 2014

In mid-August Jewel-Osco announced that its computers, containing credit and debit card information, had suffered an “unlawful intrusion”. They are but the latest retailer to do so with the list that now includes CVS, Home...more

FTC Approves iKeepSafe Program as COPPA Safe Harbor

The Federal Trade Commission (FTC) has approved iKeepSafe as a self-regulatory "safe harbor" program under the Children's Online Privacy Protection Act (COPPA). The FTC's COPPA Rule requires, among other things, that online...more

Europe Not Yet Satisfied with Adequacy of Québec’s Privacy Law

On June 4, 2014, the Article 29 Working Party (WP 29) issued a report to the European Commission (EC) regarding an application by the Province of Québec, Canada for status as a jurisdiction providing an adequate level of...more

A New Sheriff in Town: Federal Trade Commission Enforcement of Medical Information Security

A recent court decision found that the Federal Trade Commission (FTC) has authority to enforce the requirements for security of Protected Health Information, or PHI, as defined under the Health Information Portability and...more

Information Security Training Master Class: Winning the Battle Against Data Breaches, Malicious and Negligent Employees, and...

Disclaimer: I am a crazy person. I read over 50 articles before I wrote this (WHO DOES THAT) and I’m not even sure how I got so sucked in. In short, information security is a big deal right now – and there are tons of ways to...more

Between the "Like" Button and a Hard Place: Understanding the Implications of Hulu's Latest Argument Against User's Privacy...

Companies commonly utilize Facebook as part of their online social media advertising strategy. Companies should revisit this strategy in light of a recent finding in the Northern California U.S. District Court (In re Hulu...more

Credit Unions Continue to Demand New Data Security Standards for Retailers and Right to Recover Losses After a Breach

On September 3, 2014, following the news of a possible breach at Home Depot (which was confirmed on September 8), the National Association of Federal Credit Unions (NAFCU) called on Congress to enact new legislation to hold...more

Police Departments Turning to Body-Mounted Cameras

As a regular presenter on use of force tactics to law enforcement academies, I am often asked why all law enforcement agencies have not implemented body-mounted cameras for all uniformed officers. The simple answer is that...more

Cybersecurity Litigation Monthly Newsletter

As we discussed in July, Tiversa, a “cyber-intelligence” company, notified the FTC in 2009 that a file containing the personal information of about 9,300 LabMD patients was available on a peer-to-peer file sharing network....more

U.S. Department of Education Issues New Guidelines On Collecting Student Data

This past July, the U.S. Department of Education released the Transparency Best Practices for Schools and Districts, a new set of guidelines created to improve relations between school districts and parents surrounding school...more

To Speak Or Not To Speak About A Data Breach

I recently posted about some companies making the decision to not announce when a data security breach has occurred, or at least they would think twice before announcing. According a couple crisis communication experts, that...more

Privacy Top Five: Issues And Concerns In The First Six Months Of The Apps

That is, on receiving the personal information from a third party, you must contact each individual whose personal information you have now “collected” and notify them of the mandatory matters specified in the APPs, if such...more

5 Ways to Protect your Business from a Cyber Attack

Global cyber-attack threats stand at the highest ever recorded level, jumping 14 percent from 2012 to 2013 (Cisco 2014 Annual Security Report). Furthermore, a recent Microsoft Security Intelligence Report found that operating...more

ICO publish Data Protection Guide for the media

The Leveson Inquiry highlighted a prevailing confusion as to how data protection law applies to journalism and the media. To tackle this it was recommended that the Information Commissioner’s Office (ICO) work to prepare a...more

Microsoft Stands Up in Court for European Privacy Rights?

A Stored Communications Act (SCA) search warrant case arising out of a New York federal narcotics trafficking investigation is being closely watched by EU data protection authorities, privacy advocates, multinational...more

September 22, 2014: Quickly approaching deadline to amend business associate agreements

The HIPAA Omnibus Rule, enacted last year, made a number of changes to the HIPAA privacy, security and breach notification rules. Some of these changes affected business associate provisions of the HIPAA privacy and security...more

EU Law on Cookies

DLA Piper has published an updated summary of the way in which the law relating to cookies has been implemented across the EU. This guide is particularly relevant as a cookies sweep day is planned to take place in the...more

Texting For Business On Personal Cell Phones

In the last few years, many industries and companies have been coming to grips with the problems posed by employees using their personal phones, tablets, or laptops for business uses. The recognition of the need to develop...more

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