Privacy & Cybersecurity

Today is Data Privacy Day, and as you might expect, we have a few bits and bytes for you.

Blizzards can affect even "virtual" events -- tomorrow's "How to Survive a HIPAA Audit" webinar has been rescheduled to February 4th.

Good Monday - The East Coast prepares for Apocalypse (Sn)ow.
In the meantime, here are three privacy-related tidbits for your day.

As expected in his State of the Union address last night, President Obama made it very clear that cybersecurity is on his agenda for 2015.

We are pleased to announce important additions to Mintz that clearly strengthen the Privacy & Security Group's bench.

Celebrate Data Privacy Day! On Wednesday January 28th, Mintz Levin's Dianne Bourque, will be presenting a webinar on how to survive a HIPAA audit. 

This has been a big week for cybersecurity announcements from Washington.   In what the White House has called a series of "SOTU Spoilers," President Obama announced his intention to follow through on some of the recommendations in his administration's Big Data report -- the culmination of the White House's 90-day "Big Data" review in 2014.

Three privacy/security stories that you should know as you start your week:
President Obama to Offer Cybersecurity/Privacy Previews to State of the Union Proposals

Make sure to get your January 2015 Mintz Matrix!

The First Rule of How to Survive a HIPAA Audit:  Be Prepared
2015 is bringing along with it the start of the HHS Office for Civil Rights random audit program to assess compliance with the HIPAA privacy, security and breach notification rules.

Welcome to the first Privacy Monday of 2015!
We hope that you enjoyed our 12 Days of Privacy series (and if you missed it, they are all linked in the right column of the blog...).

Businesses that engage in fax advertising and solicitation should pay careful attention to the recent ruling by the Federal Communications Commission clarifying that even fax advertisements sent with the prior express invitation or permission of the recipient must include an opt-out notice that: (1) is clear and conspicuous and on the first page of the ad; (2) states that the recipient may request the sender not send any future ads and that failure to comply with an opt-out request within 30 days is unlawful; and (3) contains a telephone number and fax number for the recipient to transmit an opt-out request.

A recent ruling by Federal District Judge Paul Magnuson will permit most of the consumer claims in the Target data breach litigation to survive Target’s motion to dismiss. This most recent ruling follows on the heels of the court’s December 2 decision partially denying Target’s motion to dismiss consolidated complaint of the banks that issued the credit and debit cards that were subject to the breach.

The U.S Department of Health and Human Services Office for Civil Rights has received tremendous publicity in recent years for its upward-trending fines and aggressive enforcement of HIPAA violations.  

A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data were, at least among the general public and Congress, somewhere in a galaxy far far away.  

As privacy and data security gain more visibility among policy-makers, questions of federal agency authority and jurisdiction are also gaining a higher profile.

With the holiday season in full swing, many of us are struggling with that age-old question: "what do you get for the person who has everything?" Well, if that person happens to be your supreme leader, the answer may very well be "a massive download of electronic dirty laundry on their sworn enemy".

There are five significant new privacy laws/amendments that will be effective as of New Year's Day -- January 1, 2015 -- and four are from California. Pull up a chair, brew that cup of tea. It's time to review and prepare.

As the holiday season slips into the rear view mirror, another season looms large for public companies ---- proxy season. Adding to the ever-growing chorus of demands for increased transparency by public companies on cybersecurity and privacy matters, institutional shareholders have recently begun to contribute their own distinctive voices to the discussion.

“Trying to predict the future is a mug’s game.” Douglas Adams, The Salmon of Doubt: Hitchhiking the Galaxy One Last Time.
For the Second Day of Privacy, we boldly go where no self-respecting trial lawyer ever wants to go – to the future.