Labor law commentary by Howard Bloom. After being hit with a data breach, the last thing a company might want is the scrutiny of the union representing its employees affected by the incident. When the data breach potentially affecting hundreds of thousands of United States Postal Service employees was reported, it was not long after that… Continue Reading
Written by Jennifer Hodur Thanks to a new state law enacted to protect minors from the modern follies of youth, minors in California can ring in the New Year by permanently deleting their regrettable online posts. This so-called “Online Eraser Law” – signed by Governor Jerry Brown on September 23, 2013 – will take effect… Continue Reading
A New York Times article earlier this week reported that top officials at the Treasury Department have identified a key area for strengthening data security – third-party service providers. Reuters reported that on Tuesday of this week New York State Department of Financial Services superintendent, Benjamin Lawsky, sent a letter to a number of banks inquiring… Continue Reading
When many people think about identity theft and data breaches, they tend to think about credit card data and bank accounts. This makes sense given the large-scale breaches in the news lately. However, Reuters reported last week that medical information is ”worth 10 times more than  credit card number[s] on the black market” a trend that… Continue Reading
The Internal Revenue Service issued a fraud alert for international financial institutions complying with the Foreign Account Tax Compliance Act (FATCA). According to the report, scam artists posing as the IRS – through attacks known as “phishing attacks” – have fraudulently solicited financial institutions seeking account holder identity and financial account information. Financial institutions regularly… Continue Reading
Effective September 30, 2014, New Hampshire joins sixteen other states (Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin) in prohibiting employers from requiring employees or job applicants to disclose their login information for accessing any “personal account” or service through an electronic communication device. Similar… Continue Reading
In what is believed to be the largest security breach to date, the Associated Press reported that Russian hackers have stolen 1.2 billion user names and passwords. According to the AP, Milwaukee security firm, Hold Security, learned of the breach, but has yet to provide details about the series of website hackings believed to have affected… Continue Reading
As we reported earlier, Florida lawmakers passed extensive revisions to its existing data breach notification law, SB 1524. On June 20, 2014, Florida’s Governor Rick Scott signed the bill into law, which becomes effective on July 1, 2014. Our earlier post provides more of a discussion about key provisions of the law. But here are a… Continue Reading
On the heels of recent nationwide data breaches of consumer personal information, the Florida State Senate has proposed SB 1524, which if adopted will become effective on July 1, 2014, to revamp and replace existing state data security law and, in particular, impose a statutory requirement to safeguard personal information, reporting a breach to the… Continue Reading
Iowa made changes to its breach notification law (Iowa Code § 715C.1 et seq.) when the state’s Governor, Terry Branstad, signed S.F. 2259 into law. The amendment makes the following key changes which become effective July 1, 2014: The existing law applies to “computerized” personal information. The amendment clarifies that this includes personal information maintained in any medium,… Continue Reading
Kentucky Gov. Steve Beshear signed H.R. 232 on April 10, 2014, making the Commonwealth the 47th state to enact a data breach notification law. The law also limits how cloud service providers can use student data. A breach notification law in New Mexico may follow shortly. Data Breach Notification Mandate The Kentucky law follows the same general structure of… Continue Reading
Many organizations believe they have taken all steps necessary to eliminate the risk of a data breach. They often point to the organization’s deft IT team and tout the installation of some of the latest software solutions to protect sensitive data. However, some of these same organizations often fail to take some very basic steps… Continue Reading
According to an FTC press release, identity theft tops the national ranking of consumer complaints for 2013, with American consumers losing a reported $1.6 billion to fraud last year. Here is how some of the numbers break down: Fourteen (14) percent of the more than two million complaints to the FTC (or 290,056) stemmed from identity theft. Thirty… Continue Reading
A significant percentage of “recycled” computers were found to still contain personal information, according to a study conducted by the National Association for Information Destruction (NAID). As reported in e-Place Solutions, the NAID-ANZ Secondhand Hard Drive Study, found that “15 of 52 hard drives randomly purchased contained highly confidential personal information.” What kind information: “spreadsheets… Continue Reading
Smartphone privacy and security concerns continue to weigh on businesses, particularly for companies in certain industries such as healthcare, and for those that have or are thinking of moving to a “bring your own device” (BYOD) model. Promoters of the “Blackphone,” according to a Reuters report, hope that their version of Google’s Android software will enable… Continue Reading
After years of identity theft holding the top spot for crimes reported to the Federal Trade Commission, and following recent reports of massive data breaches, U.S. Attorney General Eric Holder urged Congress today to enact a national law setting a uniform standard for notifying individuals regarding breaches involving their personal information, according to a report by… Continue Reading
WSJ reported on November 22, 2013, Google’s push to move Google Glass, a computerized device with an “optical head-mounted display,” into the mainstream by tapping the prescription eyewear market through VSP Global—a nationwide vision benefits provider and maker of frames and lenses. If the speed and immersion of technology over the past few years had… Continue Reading
Today, the Centers for Medicare and Medicaid Services (CMS) requested an "emergency review" of its recently proposed rule that "[Federally-facilitated Exchanges or FFEs], non-Exchange entities associated with FFEs, and State Exchanges must report all privacy and security incidents and breaches to HHS within one hour of discovering the incident or breach." We reported on the proposed… Continue Reading
Click on the link in this post for high-level compliance roadmap concerning the Omnibus Privacy Rule under HIPAA and HITECH for covered plans, providers and business associates.
It seems more companies are considering whether to purchase or enhance their cyber or data breach insurance coverage. In recent years, these offerings have expanded giving businesses more choice, and perhaps so has the need for such coverage given the explosion of access to and transmission of confidential data. What is interesting about this development is the different… Continue Reading
Breach involving software upgrade to online application system leads to allegations of HIPAA privacy and security failures, and a $1.7 million settlement payment to HHS.
Texas amends its data breach notification statute and the law’s effects on persons out of state.
Are you a “non-Exchange entity” with respect to the healthcare exchanges coming later this year? If so you may become subject to a one-hour breach notification mandate.
Colorado joins eight other states in restricting employers’ use of credit information in making employment decisions