Mobile Devices

News & Analysis as of

On the Move and At Risk: Safeguards for Mitigating Mobile Device Vulnerabilities While Traveling Overseas

Employees use their smartphones as a key tool for accessing information during a work day – especially when outside the office and traveling on business. While smartphones, tablets, laptops and other devices may increase...more

Privacy Tip #44 – The flashlight app’s collection of your data

When you start needing longer arms to read restaurant menus in the candlelight, you might consider downloading a flashlight app to use with your reading glasses. But before you download it, first be aware that your...more

Electronic Signature Regulation Now Effective

Tasked with harmonising the disparate member state legislation that implemented the eSignatures Directive (Directive 1999/93/EC), Regulation (EU) N°910/2014 (the “eIDAS” Regulation) became effective 1 July this year. The...more

Oregon Health & Science University pays $2.7M penalty for data breaches

Oregon Health & Science University (OHSU) has agreed to settle alleged HIPAA violations involving two separate data breaches with the Office for Civil Rights (OCR) for $2.7 million. In the span of three months in 2013,...more

Privacy Tip #43 – Pokémon players: Beware

Pokémon GO has been downloaded 7.5 million times in the U.S. alone. It has been reported that it has surpassed Twitter. If you are enjoying the game, you should know how it is collecting and using your information....more

Joint Commission Okays Texting of Patient Orders

The Joint Commission recently announced a change in its policies whereby it will now allow providers to communicate patient orders via text message. The policy applies to all Joint Commission accreditation programs. While the...more

Recent Enforcement Action: Business Associates Not Off the Hook

Despite the fact that Business Associates have been directly subject to and liable under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) since February 18, 2010 the...more

BYOD Risks under HIPAA – Does Your HIPAA Compliance Program Adequately Address the Ever Increasing Use of Portable Electronic...

Many U.S. employers are now allowing employees to use their own personal handheld devices and laptop computers for work-related purposes. As the age of employer-provided devices is coming to an end and “bring your own device”...more

2016 Executive Employer Survey Report

The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...more

Business Associate Settles HIPAA Investigation for $650,000

The U.S. Office for Civil Rights (OCR), the agency responsible for enforcing the HIPAA Privacy and Security rules, has just sent a strong message that business associates are not immune from scrutiny. On June 24, 2016, in a...more

OCR levies first fine ever directly against business associate

Our predictions that the Office for Civil Rights (OCR) will become more aggressive with audits, investigations, and fines against HIPAA business associates has come true. On June 24, 2016, the OCR announced that it has...more

Bad News for HIPAA Business Associates: HHS OCR Announces $650,000 Settlement for BA Breach

Catholic Health Care Services of the Archdiocese of Philadelphia (“CHCS”), a HIPAA business associate, has agreed to pay the Department of Health and Human Services Office of Civil Rights (“OCR”) $650,000 in connection with a...more

Privacy Tip #41 – Tape over your laptop camera and microphone

When I train clients’ employees on data privacy and security, I always mention the microphone on smartphones. They are powerful and if you allow apps access to your microphone, they can listen to every one of your...more

Mobile Ad Co Settles with FTC Over Allegations of Deceptive Geolocation Tracking And Children’s Privacy Violations for $4 Million

On June 22, 2016, mobile advertising company InMobi Private Ltd. settled Federal Trade Commission (“FTC” or “Commission”) claims of violations of Section 5 of the FTC Act, and the Children’s Online Privacy Protection Act and...more

LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text...more

Latest FTC Privacy Action Looks Carefully at Geolocation Promises

A mobile device’s geolocation can be passed to apps and ad networks through various application programming interfaces (APIs) provided by Android or iOS, but there are other ways to determine a consumer’s location using...more

Manatt Digital - June 2016

In this newsletter, we examine what's new in media as it relates to the Chinese market with specific emphasis on VR, Hollywood, and the ongoing digital transition....more

Stricter distracted driving laws: Will they make Chicago’s streets safer?

Back in 2014, changes made to legislation in Illinois made it illegal to drive while using any type of hand-held cell phone. Whether for texting or making phone calls, cell phones have since been banned in the hands of...more

FTC Settles Case against Vulcun for Force-Installing Apps

On May 10, the Federal Trade Commission (FTC) announced it had approved an order with General Workings, Inc., d/b/a “Vulcun,” settling charges that the company violated the Federal Trade Commission Act (FTC Act) when it...more

What to Consider When Drafting or Reviewing a Privacy Policy

Although financial institutions, health care providers, and websites directed to children are required to create consumer privacy policies under federal law, other types of websites are not. In 2003, California became the...more

Employment Law Navigator – Week in Review: June 2016

Last week, Kris Dunn of Fist Full of Talent offered some sage advice about sexual harassment training. He recommended using real world examples and creating debate about what is and isn’t sexual harassment. This advice was...more

Privacy Tip #37 – Beware of fake USB drives and phone chargers

USB drives and phone chargers are expensive. Hackers know that. One way hackers are gaining access to get into computers to steal data is by planting USB drives and phone chargers in public areas, hoping someone will pick it...more

Safe or Good? We All Have Choices to Make

I planned to write about the inspired, better-than-sliced-bread security option of using fingerprint authentication to protect our mobile devices. That imploded. In 2014, and earlier this year, courts in Virginia and...more

Trending Now: Alternative Forms of Person-to-Person Payments

Are you more likely to leave your house without your mobile phone or without cash? Very few of us carry cash anymore, but according to the March 2016 Board of Governors of the Federal Reserve System report entitled Consumers...more

Final Blacklisting and Contractor Paid Sick Leave Rules Slated for Late Summer Publication, According to Spring Regulatory Agenda

Although this election season may feel endless, there are only six more months until voters decide the next president and members of Congress. Within this window, federal agencies are scrambling to finalize rules before the...more

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