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Workplace Privacy, Data Management & Security Report

Category Archives: Data Security

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SEC’s Division of Investment Management Issues Cybersecurity Guidance

In Guidance Update No. 2015-02, the Division of Investment Management (Division) of the Securities and Exchange Commission (SEC) issued some high-level suggestions concerning the importance of cybersecurity for registered investment companies and registered investment advisers. The guidance outlines a number of measures these entities should consider for addressing cybersecurity risks. Of course, while some of these and other measures may have… Continue Reading

EEOC Wellness Program Regulations Offer Best Practices for Medical Record Confidentiality

As reported on our Benefits Law Advisor, the EEOC has issued proposed wellness program regulations. Much of the attention to those proposed rules understandably will be how they would affect the incentives employers have implemented to spur their employees to engage in healthier behaviors. The proposed rules also address, however, the confidentiality provisions under the Americans with Disabilities Act… Continue Reading

Next Step in U.S. Postal Service Breach – NLRB Sues Postal Service

As discussed in an earlier post, shortly after the United States Postal Service reported a data breach potentially affecting hundreds of thousands of  employees, the American Postal Workers Union filed an unfair labor practice with the National Labor Relations Board alleging the Postal Service should have bargained with the union over the impact and response to the… Continue Reading

Alabama Seeks To Become 48th State To Enact Breach Legislation

Alabama recently introduced a bill (S.B. 106) which would require notification in the event of a breach affecting the personal information of an Alabama resident.  While 47 states currently have laws requiring breach notification — most recently joined by Kentucky — New Mexico, South Dakota, and Alabama are the only states that do not. Notably, the proposed… Continue Reading

Employee Apps = Employer Data Risk?

Many mobile app developers do not place a high priority on data security, as illustrated by a recent IBM/Ponemon study: Fifty percent of mobile app developers have no budget for security. Forty percent of companies don’t scan mobile app codes for vulnerabilities. The average company tests less than half of the apps it builds for… Continue Reading

The Data Security and Breach Notification Act of 2015

On March 25, 2015, the United States House of Representative, Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade approved draft legislation which would replace state data breach notification laws with a national standard.  This draft legislation comes on the heels of the President’s call for a national data breach notification law.  The proposed legislation is… Continue Reading

Email Autofill Error Exposes Personal Information of G20 World Leaders

With breaches caused by payment card thieves and hackers dominating the news, it is easy for mid-sized and small companies to think that data breaches are unfortunate events that affect only large companies. Not only is this sentiment misguided, but in relative terms the information contained in exposed emails can cause far more damage to an organization than the loss… Continue Reading

Illinois Attorney General Seeks Stronger Data Breach Notification Law, Requirement to Safeguard Personal Information

Reacting to a report that identity theft was a top concern for Illinois residents (second in a list of ten), Attorney General Lisa Madigan announced a legislative proposal to strengthen the state’s existing data breach notification law. The call for stronger breach notification laws is a trend that has emerged in other states, such as… Continue Reading

Indiana Measure to Amend Breach Notification Law Passes Senate

Late last year we reported Indiana Attorney General Greg Zoeller was seeking legislation which would better protect the online personal and financial information of Indiana residents. That legislation, S.B. 413, was unanimously passed by the Indiana Senate on February 24, 2015.  Indiana’s bill follows similar efforts in New Jersey, New York and Oregon. As previously mentioned, the Indiana… Continue Reading

ACA Information Reporting Creates Data Privacy and Security Issues

During this year, businesses will be hearing a lot about the Affordable Care Act’s (ACA’s) information reporting requirements under Code Sections 6055 and 6056. Information gathering will be critical to successful reporting, and there is one aspect of that information gathering which employers might want to take action on sooner rather than later – collecting Social Security… Continue Reading

Employer FAQs: Responding to the Anthem Breach

The first massive data breach of 2015 hit one of the country’s largest insurance issuers, Anthem, Inc., including Anthem Blue Cross and Blue Shield and other related entities (Anthem). The incident reportedly affected over 80 million persons who are or were covered under a policy or program insured or serviced by Anthem. The personal note… Continue Reading

New York Attorney General Seeks Stonger Data Breach Notification Law and Data Security Safeguards

Earlier this month, the New York Attorney General Eric T. Schneiderman announced a legislative proposal that would strengthen protections for private information by expanding the state’s breach notification law to cover e-mails, passwords and health data, require companies to implement data security measures, and notify consumers and employees in the event of a breach. If… Continue Reading

FTC’s Hammer Gets Bigger with LabMD Case

The on-going fight to hammer out the extent of the Federal Trade Commission’s authority to bring regulatory enforcement actions in data breach cases took another blow last week in LabMD v. FTC. In that case, the U.S. Court of Appeals for the Eleventh Circuit sided with the FTC holding companies that find themselves subject to… Continue Reading

Healthcare Providers and Business Associates: Don’t Ignore the Insider Threats

News reports of security risks, hackings and breaches caused by individuals, terror groups or even countries around the world certainly are important and can be unsettling. But, for many organizations, including healthcare providers and business associates, a significant and perhaps more immediate area of data risk rests with an organization’s workforce members. An organization’s information… Continue Reading

President Obama to Call For National Data Breach Notification Law and Other Cybersecurity Measures

About two years ago, President Obama signed an executive order on the date that he delivered his State of the Union address which directed certain federal agencies to develop voluntary standards for achieving cybersecurity. Preparing for his 2015 State of the Union address, Bloomberg and other news outlets are reporting this morning that President Obama will… Continue Reading

Indiana Attorney General Enforces HIPAA For First Time – Another Lesson for Small Business

As we reported, state Attorneys General have authority to enforce the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), pursuant to the authority granted under the Health Information Technology for Clinical and Economic Health (HITECH) Act. Shortly after announcing plans to seek legislation requiring stronger protections for personal and financial… Continue Reading

FCC Promises Action Against Those Who Fail to Safeguard

On December 19, 2014, the FCC published Chairman Thomas Wheeler‘s response to Senator Bill Nelson’s (D-FL) letter regarding the FCC’s recent proposed $10 million fine against two telecom companies. In the response, Chairman Wheeler reiterated the need for FCC action in this area and explained that consumers regularly entrust their most personal, confidential, and sensitive information… Continue Reading

Indiana Joins a Growing List of States Seeking to Tighten Data Security and Data Breach Notification Requirements in 2015

As we reported, there are a number of signs pointing to a significant tightening of regulation and increased enforcement of data security mandates. Following efforts in New Jersey, New York and Oregon, Indiana Attorney General Greg Zoeller announced his office is seeking legislation that would better protect the online personal and financial information of Indiana… Continue Reading

New Data Protection Powers Requested in Oregon

On December 9, Oregon’s Attorney General, Ellen Rosenblum, announced to the Oregon House and Senate Judiciary Committee that she would be introducing legislation to expand existing personal data protections for Oregon consumers while implementing additional enforcement measures to combat non-compliance. According to Ms. Rosenblum, Oregon’s laws have not kept up with the rapid increase in… Continue Reading