Clik here to view.
Do You Have a Data Breach Response Plan? U.S. Department of Justice Thinks...
In the wake of significant retailer data breaches in 2013 and 2014, and additional significant breaches continuing in 2015, a trend is clearly developing — an expectation of proactive risk...
View ArticleClik here to view.
Rand Paul And The Expiration Of The Patriot Act
During the last weekend in May, Kentucky Senator Rand Paul did something that is not easy to do – he managed to anger most Republicans and Democrats, the Senate Majority Leader (who is also the senior...
View ArticleClik here to view.
Do You Have The Right To Be Forgotten?
Most of us want to be remembered. But, depending on their past, some people want to be forgotten – or at least they want some of their past deeds to be forgotten. But do you have a right to be...
View ArticleClik here to view.
Should Feds Regulate Persistent Identifiers as Personal Information?
Recently, the Federal Trade Commission settled an action it had brought against Nomi Technologies, a provider of “in-store analytics” technology. The fact that the action was brought against Nomi to...
View ArticleClik here to view.
Somebody’s Watching You: What Are the Rules?
In 1984, Kennedy William Gordy, better known as pop artist Rockwell, released his first and ultimately biggest hit: Somebody’s Watching Me. One can only imagine how Rockwell would have felt if the...
View ArticleClik here to view.
Cybersecurity: How Much is Enough?
The year 2015 may go down in history as the year of the hacker. Though not a new phenomenon, high profile hack-related stories have managed to capture headlines almost every month of 2015. On the eve...
View ArticleClik here to view.
HIPAA and Text Messaging
Text messaging is pervasive. Doctors and other health care providers, covered entities, and business associates currently use (and embrace) the technology. Texting is easy, fast and efficient. It...
View ArticleClik here to view.
Cybersecurity Developments at the SEC
In September 2015, the Securities and Exchange Commission took two separate but significant actions related to cybersecurity in the securities industry. Because they occurred so close together, the...
View ArticleClik here to view.
Hackers Aim Sights on Small Biz
We’ve become accustomed to data breaches. For consumers, data breaches are irritating, can be inconvenient, and sometimes create identity theft issues for those affected. Consumers expect “the big...
View ArticleClik here to view.
FCC Latest Federal Agency to Chime in on Data Security
In 2015, the Federal Communications Commission joined the chorus of federal agencies seeking to declare its power when it comes to data breaches. In April, the agency made its first foray into the...
View ArticleClik here to view.
Clearing Up Confusion Over the Modified HIPAA Privacy Rule
The Department of Health and Human Services issued a final rule under the Health Insurance Portability and Accountability Act of 1996, which will go into effect on February 5, 2016. HHS published the...
View ArticleClik here to view.
Responsibility Shifting for Cyber Attacks?
When a company’s protected data is compromised, potential litigants generally look to the company itself as the target for damages claims. The list of recent cases filed against the company suffering...
View ArticleClik here to view.
The Internet of Things and the FTC – Don’t Be the Test Case
Kevin Ashton, an expert on digital innovation, stated 15 years ago that, “If we had computers that knew everything there was to know about things—using data they gathered without any help from us—we...
View ArticleClik here to view.
Cyber Insurance: Make Sure You Understand Your Coverage
Today, businesses are increasingly purchasing cyber-specific insurance in an effort to mitigate the financial impact of a breach or other cybercrime. In terms of what might be covered in a cyber...
View ArticleClik here to view.
Erin Andrews Jury Sends Hoteliers a $55 Million Dollar Reality Check
“Privacy law” continues to evolve in the face of ever-advancing technology. Legislative bodies, administrative agencies, courts, tech companies, and a host of other interests are working to innovate,...
View ArticleClik here to view.
Will Privacy Enforcement Actions Impact “Reasonable” Security Measures Needed...
In widely-publicized, contested privacy cases last year, the FTC advocated in favor of a high baseline for information security measures. Among the security practices attacked by the FTC as critical...
View ArticleClik here to view.
Revisiting Cyber Insurance: Are You Covered?
Increasingly, companies are looking to insurance to help manage their cybersecurity risks and defray losses sustained from data breaches. Losses can range from reputational damage, business...
View ArticleClik here to view.
Outsourcing Lessons from an “Uber” Uber-Rider
In July 2015, my 12-year-old SUV, with 220,000 miles, finally breathed its last breath. It was time for me to buy a new car. But, instead, I decided to try a little personal experiment with the...
View ArticleClik here to view.
Cyber Insurance: Common Pitfalls of the Insured
As we have noted in a number of recent posts, tech companies need cyber insurance. The risk of not having it is simply not worth it. But cyber insurance policies can be confusing to understand because...
View ArticleClik here to view.
Encryption: Ensuring the Right to Privacy in the Information Age?
On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the...
View Article