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Keller And Heckman LLP: Guide to Data Breach Preparedness and Response

Introduction The world of information technology has vastly expanded over the past few decades. Consumers can now shop online, pay bills, check bank accounts, and update information all with the click of a button. Information can be aggregated from different sources. Businesses manage global HR systems...

Duane Morris LLP Alerts and Updates: European Commission Issues New Data Protection Proposals

Much as was anticipated, the European Commission (the "Commission") announced its long-awaited proposals on what are likely to be viewed as drastic changes to data protection law in Europe. The proposals seek to make EU privacy laws fit for the 21st Century and seek to both change the system...

Peter S. Vogel on the Internet Privacy Bill of Rights

By Peter S. Vogel Privacy is a hot topic for users of Facebook, Google, and other Social Media sites, so the White House has proposed the following Bill of Rights for legislative consideration: 1. INDIVIDUAL CONTROL: Consumers have a right to exercise control over what personal data companies collect...

Fisher & Phillips LLP: Another Case to Watch in the Ongoing Debate Over the Computer Fraud & Abuse Act

By Brent A. Cossrow The past year has produced noteworthy decisions from the Sixth , Ninth and Eleventh Circuit Courts of Appeals - and recent Congressional hearings - regarding the applicability of the Computer Fraud & Abuse Act ("CFAA") to employers' claims that disloyal employees...

9th Circuit Declines To Apply CFAA To Corporate Computer Use Violations

SAN FRANCISCO - (Mealey's) Reversing an earlier panel and affirming a lower court, the majority of the en banc Ninth Circuit U.S. Court of Appeals on April 10 held that the phrase "exceeds authorized access" within the Computer Fraud and Abuse Act (CFAA) "is limited to violations...

$1.7 Million HIPAA Settlement Reinforces Importance of Effective Information Governance of Electronic PHI

By Brian C. Vick In the first HIPAA enforcement action brought against a state agency, the United States Department of Health and Human Service ("HHS") announced on June 26, 2012 that it had entered a Resolution Agreement with Alaska's Medicaid program ("Alaska"). Under the...

Pennsylvania's Pending Privacy Protection Act Would Prohibit Disclosure of Access To Social Media Accounts

The Social Media Privacy Protection Act (available here) is new legislation pending in the Pennsylvania General Assembly. The proposed legislation is a response to the near-universal outrage over employers requesting Facebook and other social media passwords from job applicants . The Act is short and...

Texas EMT Files Moronic Invasion-of-Privacy Lawsuit

From the state that just loves our sloppy seconds -- out-of-work wide receiver who cries about a fumbling quarterback say, "What. It's unfair. That's my quarterback." -- comes this case about a Facebooking emergency medical technician from Texas. To protect the innocent -- in the...

Troutman Sanders LLP: Choosing a Unified Voice Messaging System: Data Security and E-Discovery Implications

The digital era has brought about changes to all forms of business communication, including voicemail. Historically, voicemail messages were stored on analog tapes, but, in the past decade, companies have increasingly utilized digital technology for their voicemail systems. Now, many companies have implemented...

Keller and Heckman LLP - U.S. Privacy and Data Security Developments: Impact on Retailers

The privacy and data security landscape is rapidly evolving in the U.S. and abroad. The emergence of new technologies and new media for collecting, using, and sharing personal information collected from consumers, and new thinking about privacy best practices, affects a range of businesses. Retailers...

Troutman Sanders LLP: Risks Associated With Bring Your Own Device ('BYOD') Policies

Over the past year, more and more employers are letting their employees connect personal smartphones or tablets to the employer's network. Some companies have even stopped supplying their employees with computers; instead, employees bring their own laptops to work (or work remotely from home). ...

Troutman Sanders LLP: 'Facing' Reality: Facebook Knows What You Look Like

It's a bit odd to think that about whether you have a privacy right in what you look like. But as companies continue to gather enormous amounts of all kinds of data - including faces - and wrestle with whether they can monetize that data, the fear of "Big Brother" continues to spark debate...

Troutman Sanders LLP: Sitton v. Print Direction - Employees and Their Personal Devices

What privacy rights does an employee have to personal devices used in the workplace? In what is almost certain to be one of many cases addressing the scope of those rights, the Georgia Court of Appeals decided the case Sitton v. Print Direction, Inc ., 718 S.E.2d 532 (2011) [ enhanced version available...

Delaware Workplace Privacy Act Protects Student Facebook Posts' Privacy

Delaware's Workplace Privacy Act (H.B. 308) , died with the end of the legislative session. As readers know from my several prior posts, I won't exactly be mourning the loss. The Bill's companion legislation, H.B. 309, did survive, however, passed by the State Senate during its final session...

Peter S. Vogel: Reality Check - Governments Have Easy Access to Data on the Cloud

By Peter S. Vogel Laws around the world allow governments free access to data on the Cloud which may come as a surprise to many, but Mutual Legal Assistance Treaties (MLATs) facilitate cooperation across international boundaries. On May 23, 2012 Hogan Lovells published a White Paper entitled "...

Internet Politics - Senate Filibuster Blocks Cybersecurity Bill

By Peter S. Vogel At time when cybersecurity is headline news around the world, partisan politics in the U.S. Senate got in the way of new a cybersecurity bill which was different than a bill passed in the U.S. House last April. The New York Times reported that the most vocal opponent of the new cybersecurity...

DLA Piper Data Protection Alert: How Much Has the Cookie Crumbled Across the EU?

By Paul McCormack What's new? Since our publication in March 2012, there has a been a number of updates in relation to the following jurisdictions: Belgium Cyprus France Greece Italy Malta The Netherlands, and Spain. Furthermore, on 7 June 2012, Article 29 Working...

Peter S. Vogel: Oops - Google Found Street View Wifi Data

By Peter S. Vogel Google confessed to U.K. officials that Google still has Street View unprotected wifi data collected before 2010 in spite claims that such data had been destroyed. On July 27, 2012 Peter Fleischer (Google's global privacy counsel) sent a letter to Steve Eckersley (head of enforcement...

Peter S. Vogel: Cloud Data Storage - How Safe?

By Peter S. Vogel Daily news headlines regularly report lax, or no, security for cloud data. In the past few weeks two very high profile businesses reported cloud breaches - Apple's iCloud and Dropbox. It is no coincidence that my August column for eCommerce Times is entitled " The Cloud...

Peter S. Vogel: Should the Pentagon Defend Non-Military Networks?

By Peter S. Vogel The Secretary of Defense is considering a proposal "that military cyber-specialists be given permission to take action outside its computer networks to defend critical U.S. computer systems." The Washington Post reported that anonymous sources stated: It would account...

Supreme Court Hears Arguments On Standing To Challenge FISA's Constitutionality

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 29 heard arguments on the ability of a group of respondents to challenge the constitutionality of a law that its opponents characterize as "dragnet surveillance" related to the power that it gives the executive branch of the government...

Siemens and Beck on Obtaining Optimal Cyber Insurance

By Rene Siemens and David Beck , Attorneys, Pillsbury Winthrop Shaw Pittman LLP This commentary observes that the rising threat of cyber attacks and data breaches as well as the proliferation of data security and privacy laws have made it more important than ever for organizations that handle sensitive...

Keller and Heckman LLP: Revamping Kids Privacy: FTC Finalizes COPPA Rule Changes

By Sheila Millar, Tracy Marshall, and Crystal Skelton Excerpt: On December 19, 2012, the Federal Trade Commission ("FTC" or "Commission") issued final rule amendments concluding its review of the Children's Online Privacy Protection Act ("COPPA") Rule ("final...

California AG Advocates 'Surprise Minimization' to Protect Mobile Device Consumers from Unexpected Privacy Practices

Hailing her state as the "epicenter of modern innovation," California Attorney General Kamala D. Harris has issued recommendations for app developers and providers, advertising networks and others as part of an effort to give consumers "meaningful information" about privacy choices...

Ballard Spahr LLP: FFIEC Tool Helps You Assess Cyber Risk

The Federal Financial Institutions Examination Council (FFIEC) has released its long-awaited Cybersecurity Assessment Tool (Assessment) to help financial institutions identify the inherent risks faced by a company and determine the level of maturity of a company’s cybersecurity preparedness. The...