Personally Identifiable Information

News & Analysis as of

Six Key Changes to the Common Rule

On January 19, 2017, sixteen federal agencies, including the Departments of Health and Human Services and Labor, published the first revision to the federal regulations governing the protection of human subjects participating...more

Train Your Team: Protect Personally Identifiable Information From a Widespread Phishing Scam

Every January 31, employers scramble to meet the deadline for mailing W-2 forms to their employees. This year, a new iteration of an old W-2 phishing scam surfaced immediately thereafter....more

Your IT Technician Has Just Informed You That Your Business Has Suffered a Data Security Breach. Now What Should You Do?

Data breach incidents continue to make headlines. The Yahoo data security breach—affecting more than one billion accounts—announced late last year is a recent example. Data security breaches affect companies of all sizes, and...more

The Anthem Breach – A Retrospective (Part II)

We published Part I of our “Anthem Breach Retrospective” in January 2017. Coincidentally, at around the same time several plaintiffs in one of the earliest filed cases arising out of the Anthem data breach voluntarily asked...more

Notable New State Privacy and Data Security Laws – Part One

States aren’t static when it comes to data privacy and security laws. This is Part One of a two-part series about several new state privacy and data security laws that took effect within the last year. In this article,...more

Employment Law Navigator – Week in Review: February 2017 #2

Last week, in her first public comments since her appointment, new EEOC Chair Victoria Lipnic indicated that the agency will focus on age discrimination, equal pay, and job growth. Lipnic also indicated that the agency will...more

Dentons' pick of global regulatory trends to watch in 2017 - Privacy and data protection

Focus on the US - The new Federal Communications Commission (FCC) privacy rules for internet service providers (ISP) and telecommunications companies (telcos) will face an uphill battle - In a controversial ruling...more

Data Breach Notification Archive Made Publicly Available Online By Massachusetts Office Of Consumer Affairs

On January 3, 2017, the Massachusetts Office of Consumer Affairs and Business Regulation announced the online public availability of data breach notification records that it receives and maintains pursuant to the...more

5 FAQs on the New Federal Contractor Privacy Training Requirement

Federal government contractors must comply with new privacy training procedures as a result of a final rule issued by the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and...more

Tax Filing Fraud

Tax returns and W-2s are information rich documents that contain the name and Social Security Number of an employee, as well as information concerning their salary and address, and personal behavior and characteristics (e.g.,...more

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

ISO’s Privacy Standard for Cloud Service Providers

In July 2014, the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) issued a new security standard – ISO 27018 – which attempts to outline best practices for public...more

Prison sentence for avoiding English freezing and disclosure order

The English Court has made an order sentencing the director and shareholder of a company operating from China to 18 months' imprisonment for failing to comply with a disclosure order made ancillary to a Worldwide Freezing...more

Children’s Medical Center of Dallas Clobbered by OCR

In a rare move by the OCR, it assessed a $3.2 million fine against Children’s Medical Center of Dallas (Children’s) after it issued a Notice of Proposed Determination against Children’s and Children’s failed to request a...more

Employer (Still) Has No Duty to Protect Confidential Information

The University of Pittsburgh Medical Center continues to get support from the court system in a data breach suit that affected more than 60,000 former and current employees, as Barley Snyder attorneys continue to follow the...more

Employee Downloads Substance Use information Onto Flash Drive and Loses It

All of you reading this know I hate USB drives. I despise them. They are dead to me and you can’t talk me into allowing any company to use them unless they are controlled by IT and are encrypted at all times....more

WhatsApp security flaw, lawsuit in Germany

Tobias Boelter, a University of California Berkeley cryptography researcher claims that last year he found a security flaw in WhatsApp’s encrypted smart phone messaging application. The flaw, which relates to the unique...more

State Data Breach Notification Statutes: A Year in Review and Preparing for 2017

Following on the heels of an active 2015, where eight states enacted changes to their data breach notification laws, another five states amended their statutes in 2016, adding complexity to the current “patchwork” system of...more

Business Cybersecurity: Two Recent Court Decisions Highlight the Need to Take Preemptive Action Against Data Breaches

Nowadays, the prudent business owner should be cognizant of cybersecurity and the public relations and legal costs that can arise from a data breach. By holding personal information of customers, employees, or anyone else,...more

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class...more

Changes in Japan Privacy Law to Take Effect in Mid -2017; Key Regulator Provides Compliance Insights

Recent changes to Japan’s Act on the Protection of Personal Information and the establishment of a new Personal Information Protection Commission have raised questions about how the world’s third-largest economy plans to...more

Privacy Tip #72 – Check Out WNYC’s Privacy Paradox Podcast Series

Starting February 6, WNYC is starting a 5-day plan “to solve that digital dilemma” of having the convenience of living online, but trying to take control over who gets your personal information and what they do with it. It’s...more

SCOTUS Won’t Slime Viacom in Class Action Challenging Tracking Children Online

A class action alleging Viacom illegally obtained and disclosed personally identifiable information from children under the age of thirteen through the Nickelodeon website recently reached the end of line (almost) when the...more

Privacy Implications of President Trump’s Immigration Order

On Wednesday, January 25, President Donald J. Trump directed federal agencies, “to the extent consistent with applicable law,” to ensure that “their privacy policies exclude persons who are not U.S. citizens or lawful...more

Data Privacy and Security: A Practical Guide for In-House Counsel, 2017 Edition

Boulder Partner David Zetoony published the 2017 edition of his handbook, Data Privacy and Security: A Practical Guide for In-House Counsel, on Jan. 28 – Data Privacy Day. The guide provides an overview of laws relevant to a...more

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