Privacy & Cybersecurity
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Cybersecurity Risks: Discussion for the Board Room (and for the General Counsel)
August 19, 2014 | Blog | By Cynthia Larose
The issue of cyberliability risk is finally making its way to the board room. We have written about the importance of board education and board involvement in the assessment of cyber threats and liability risk and the Securities and Exchange Commission is looking carefully at public company disclosures of cybersecurity risks as a factor for the investing public.
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Google, the House of Lords and the timing of the EU Data Protection Regulation
August 19, 2014 | Blog
(LONDON) Could the European Court of Justice’s May 13, 2014 Google Spain decision delay the adoption of the EU Data Protection Regulation?
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Privacy Monday - August 18, 2014
August 18, 2014 | Blog | By Cynthia Larose
There is another retail data breach to talk about in this Privacy Monday post – privacy & security bits and bytes to start your week.
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Privacy Monday - August 11, 2014
August 11, 2014 | Blog | By Cynthia Larose
We are just two Mondays away from Labor Day, the traditional end of summer in the United States. Here are some privacy tidbits to get your week started. See especially Jake Romero's piece on the new Delaware data destruction law.
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Microsoft Loses Round in Fight Over Email Held in Irish Data Center
August 8, 2014 | Blog | By Cynthia Larose
Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails.
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What You Need to Know About Backoff Malware: the New Threat Targeting Retailers
August 5, 2014 | Blog | By Cynthia Larose
The phrase “back off” is an implied threat typically reserved for bumper stickers and mud flaps, but if you are a retailer that permits the use of remote desktop applications in your business, the name Backoff should be considered much more intimidating.
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Privacy Monday: July 28, 2014
July 28, 2014 | Blog | By Cynthia Larose
The last Monday in July -- the summer of 2014 is rapidly slipping away! Here are some privacy and security bits and bytes for this last week of July:
US Congress Heads Out on August Recess Soon - Much to Do
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US Congress Heads Out on August Recess Soon - Much to Do
Honing in on the new rules for the transfer of personal data outside of the EEA
July 24, 2014 | Blog
The current mechanisms for legitimizing such transfers, including adequacy assessments, Binding Corporate Rules, model contracts, and express consent, are retained. Also, an important “derogation” for infrequent, small transfers has been endorsed.
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No news doesn’t mean it’s gone away: Timing Update for the EU Data Protection Regulation
July 24, 2014 | Blog
To recap the legislative process, the EU Commission, Parliament and Council all need to agree on the final wording of the new Regulation. The EU Commission put forth a first draft in 2012 and the Parliament proposed a much more pro-individual draft in March 2014.
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Update on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!
July 23, 2014 | Blog | By Cynthia Larose
U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on March 7 in the U.S. District Court for the Northern District of California as a result of unauthorized children’s in-app purchases in the Google Play Store.
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COPPA Update: FTC Provides More Flexibility on Obtaining Verifiable Parental Consent
July 22, 2014 | Blog | By Cynthia Larose
Some clarification and a bit more flexibility was forthcoming late last week from the Federal Trade Commission to help ease compliance with the "new" COPPA.
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Privacy Monday: July 21, 2014
July 21, 2014 | Blog | By Cynthia Larose
We are now officially in the throes of "midsummer" on this Privacy Monday. And, on occasion in the data privacy world, we agree with Will Shakespeare's words....“Lord, what fools these mortals be!”
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Changes in Breach Notification Risk Assessments Under HIPAA
July 18, 2014 | Blog | By Cynthia Larose
The American Bar Association Health Law Section’s July 2014 eSource publication includes an article by Dianne Bourque, Kimberly Gold, and Stephanie Willis that provides examples of how risk assessments under the Breach Notification Rule have changed since the HIPAA Omnibus Rule went into effect in September 2013.
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Even in Privacy Cases, Risk of Injury Does not Always Equal Injury
July 16, 2014 | Blog | By Cynthia Larose
It’s an ancient conundrum; if a tree falls in the forest, and no one is there to hear it, does it make a sound? Privacy litigation may well offer the closest jurisprudential equivalent; if data is stolen, but no one does anything with it, has there been an injury?
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Privacy Monday: July 14, 2014
July 14, 2014 | Blog | By Cynthia Larose
Children, according to Whitney Houston, are our future, but they are also, according to the Federal Trade Commission, willing to spend unlimited amounts of money to purchase virtual items within mobile applications.
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Backlash Over Facebook Timeline Experiment Serves as a Reminder: User Expectations Still Trump Fine Print
July 9, 2014 | Blog | By Cynthia Larose
If you are one of the approximately 1.3 billion people who use Facebook, you’ve likely experienced the phenomenon where a single event (like Luiz Suarez biting that Italian guy or pretty much anything involving TSA) manages to raise the ire of a large number of your Facebook friends, causing them to flood your timeline with single-issue Facebook user rage.
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Hulu Scores a Victory (at least temporarily) in Avoiding Class Certification
July 1, 2014 | Blog | By Cynthia Larose
Another important decision has been rendered in the ongoing In re: Hulu Privacy Litigation saga pending in the United States District Court for the Northern District of California, this time denying – without prejudice – the proposed certification of a class of Hulu users pursuing claims involving Hulu’s allegedly wrongful disclosure of “cookies.”
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Privacy Monday - June 30, 2014
June 30, 2014 | Blog | By Cynthia Larose
Not only the last Monday in June, but the last day of June. There are quite a few privacy-related things taking effect tomorrow, July 1.
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SCOTUS to Police on Cellphone Searches: "Get a warrant"
June 27, 2014 | Blog | By Cynthia Larose
Finding that cellphones contain the "privacies of life", the U.S. Supreme Court issued a broad endorsement of cell phone privacy, unanimously holding that law enforcement may not search digital information seized from an arrestee’s person without first obtaining a warrant.
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Wyndham Gets Life Preserver in Data Breach Case
June 27, 2014 | Blog | By Cynthia Larose
New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases.
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