Data Protection

News & Analysis as of

“LoProCo”, 12,915 Complaints, and Other Lessons from OCR/NIST

12,915 complaints were reported in 2013 to the Department of Health and Human Services Office of Civil Rights (“OCR”) according to Illiana L. Peters, Senior Adviser for HIPAA Compliance and Enforcement. Cozen O’Connor...more

FFIEC Announces Cybersecurity Preparedness Efforts

The Federal Financial Institutions Examination Council (FFIEC) recently announced a series of initiatives aimed at promoting cybersecurity preparedness for community financial institutions throughout the country....more

Caution: Your Mobile App May Unintentionally Violate COPPA

As online activity shifts to mobile devices, regulators are watching. Last week, Yelp agreed to settle a claim with the FTC for $450,000 for its alleged violations of the Children’s Online Privacy Protection Act (COPPA). As...more

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 an increase in so-called “high-impact...more

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

The Human Element of Information Security, Continued - 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...more

GAO report finds CFPB needs to improve privacy and security procedures for data collections

A new report from the Government Accountability Office on the CFPB’s data collection efforts finds that the CFPB needs to do more to reduce the risk of improper collection, use or release of such data. The CFPB’s data...more

Protecting Trade Secrets During Business Collaboration [Video]

Businesses are increasingly working together to develop new products and services. With that collaboration is the risk that precious trade secrets will be lost. Attorney Christopher Larus sits down with Seth Northrop to...more

Toward the enforceability of the “right to be forgotten” in Europe

The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data...more

Internet of Things reviewed by data protection regulators

The growth of the Internet of Things brought the attention of the European data protection regulators that through the European data protection advisory body, the Article 29 Working Party, issued an opinion on the Internet of...more

Legal Considerations for Web-Based Start-Ups  [Video]

Evridiki (Vicki) Dallas covers issues related to: - Choice of legal entity; Founder’s Shares and agreements; Stock Option Plans - Trademark/Copyright/URL and other IP Concerns - Data Privacy - Website...more

How To Avoid Common Data Breach Pitfalls

Cost of Data Breach in 2014: - $5.9 million U.S. average cost of a data breach - 15% Annual increase in the average cost of a data breach around the world - $201 Average cost paid for each exposed...more

Internet of Things: European privacy recommendations

Call it a coincidence or not: exactly one week after the Apple Watch was officially introduced by Apple CEO Tim Cook on 9 September 2014, the European data protection advisory body – Article 29 Data Protection Working Party...more

Digital Marketing Minute: A Bad Review for Yelp

The Federal Trade Commission (FTC) announced last week that Yelp – the online service through which consumers can read and write reviews about local businesses, has agreed to pay $450,000 to settle the FTC’s charges that Yelp...more

Bipartisan LEADS Act Aims to Protect Data Stored Abroad

On September 18, 2014, Senators Orrin Hatch, Dean Heller and Chris Coons introduced "The Law Enforcement Access to Data Stored Abroad Act" (LEADS), a bill that would amend provisions in the Electronic Communications Privacy...more

EU Cookie Sweep Initiative

As part of the continued effort to protect online privacy, European Union Data Protection Authorities have swept websites and mobile apps to ensure compliance with Directive 2009/136/EC, otherwise known as the EU Cookie...more

So You Think You Have a Point of Sale Terminal Problem?

If your company has a Point of Sale (POS) terminal anywhere in its infrastructure, you are no doubt aware from the active media coverage that malware attacks have been plaguing POS systems across the country....more

Redaction: Protecting Your Private Digital Data

In today’s digital age, no person’s private information is considered off limits by hackers. Recently, several celebrities, including Jennifer Lawrence and Kate Upton, had their iCloud storage accounts hacked and their...more

FRANCE: Cookies Sweep Day Is Here

The CNIL announced last week that it was conducting its Cookies Sweep on September 18-19. The CNIL reviewed 100 French websites and checked the following...more

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

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