Privacy & Cybersecurity

As we blogged here last week, we were going to post our Client Alert with further details about the settlement and consent order reached by the restaurant chain Dave & Buster's and the Federal Trade Commission relating to the breach suffered by the chain.

We will post a link to the amended legislation as soon as it is released by the Committee.

In case your data security compliance plan is stuck in neutral, you have questions, or you haven't started yet...there will be a free (!) breakfast hands-on workshop on Thursday in Tewksbury, MA.

Our Friday afternoon feature is back (albeit on Thursday due to schedule tomorrow) – a quick round-up of bits and bytes related to data privacy and security.

That’s how Federal Trade Commission Chairman Jon Leibowitz described the identity theft protection offered to consumers by the widely-advertised LifeLock product and the claims made by the company that its service provided comprehensive identity theft protection.

For all of you who have been struggling with data security compliance obligations from various fronts, and trying to handle complex technical issues such as encryption of portable devices and data "at rest" and "in transit" --- here is a very big story regarding plain old everyday mail.

At the beginning of the "countdown" to the March 1st effective date of 201 CMR 17.00, we offered some posts with "misapprehensions" and compliance suggestions.

February and March are just full of significant deadlines for privacy/security reporting and compliance.

We have been so focused on the upcoming Massachusetts data security deadline, that we let one last week go without fanfare. As we have gently reminded you on several occasions, the new HIPAA privacy and security rules contained in the Health Information Technology for Clinical and Economic Health Act (HITECH) became effective on February 17th.

As we approach the 10 day mark to the March 1 effective date of the Massachusetts data security regulations, 201 CMR 17.00, we thought that we would share another misapprehension in the ever-growing list.

Disabling cookies may not be the answer to controlling your online identity. Regardless of whether you have cookies enabled or not, Web sites collect certain amounts of operational information about your browser.

Effective February 17, 2010, significant new compliance obligations will be imposed on business associates through the HITECH provisions of the American Recovery and Reinvestment Act of 2009 ("ARRA").

A few items to wrap up/review privacy and security issues in 2009 and open up 2010:

On December 30, 2009, the Centers for Medicare & Medicare Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) issued interim final rules necessary to implement electronic health record (EHR) incentive programs enacted under the American Recovery and Reinvestment Act of 2009.

According to its 8-K filing with the Securities and Exchange Commission (SEC), Heartland Payment Systems Inc. has agreed to pay American Express Travel Related Services Co. Inc. just over $3.5 million to settle any claims arising out of a massive payment card data breach.

My colleague, Martha Zackin, has published a more extensive discussion of the issues before the U.S. Supreme Court in the Quan case --

During the holiday season, many organizations are soliciting donations of old cell phones to be repurposed. This is an excellent way to "reuse, reduce, and recycle" and puts those useless (to you) items to use in a positive way, but please remember -- important and private data reside in your cell phone's internal memory, even if your phone has a removable SIM card.

As we first blogged here, hours before the last Red Flags enforcement deadline, a federal court judge in the D.C. Circuit ruled from the bench that attorneys would not be subject to the Red Flags Rule. The court released Judge Walton's written opinion was released on December 1, 2009, which provides clarification of his comments from the bench.

A Cook County, Illinois jury recently awarded $1.8 million dollars to Kathy Lawlor, who claimed that her former employer, North American Corp. of Illinois, violated her privacy rights by hiring a private investigator who fraudulently obtained her telephone records through the use of “pretexting” – or by pretending to be Lawlor herself.

Nearly 10 months after disclosing a months-long data breach that affected millions of consumers, the financial impact of the Heartland data breach continues to unfold.