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Workplace Privacy, Data Management & Security Report

Category Archives: Information Management

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Kentucky Enacts a Data Breach Notification Law and Protects Student Data in the Cloud

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

California Attorney General Announces More Active Role in Dealing with Data Breaches, and Helpful Guide for Small Business

On Thursday, California Attorney General Kamala Harris announced heightened enforcement concerning data breaches, reports USAToday. AG Harris’ office also issued a Guide that provides recommendations to California businesses, particularly small businesses, to help them protect against and respond to the increasing threat of malware, data breaches and other cyber risks. The circumstances are certainly threatening for small business. According to… Continue Reading

“Blackphone” to address key smartphone privacy and security concerns?

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

U.S. Attorney General Eric Holder Urges the Passage of a National Data Breach Notification Law

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

What Employers Need to Know About Bitcoin

Written by B. Tyler Philippi Ask the average person what they know about Bitcoin and they might be able to tell you that it is a digital currency. Most have probably heard the name mentioned in articles about its giant fluctuations in value or in connection with black market internet transactions. Beyond that, how Bitcoin… Continue Reading

Increased Use of Medical Devices by Healthcare Providers Results in More Cyberattacks and Data Breaches

A study (registration required) by two data security firms, Norse in Silicon Valley and SANS, discussed in a recent L.A. Times article, confirms the concerns raised by the FDA and others about increased use of internet-connected medical devices by healthcare providers and the corresponding increase in the information systems of those providers being attacked, and in some… Continue Reading

Court Denies Access To Employee Social Media Accounts

Written by Ian A. Wright If the intersection of social networking and workplace privacy laws piques your attention, you may find an article written by my colleague Michael Frankel particularly interesting. He writes about a recent case, Pecile v. Titan Capital Group, LLC out of New York, where the court refused to grant the defendants’ request… Continue Reading

Employee’s Unauthorized Texting of Confidential Health Information May Impose Employer Liability

Written by Jeffrey M. Schlossberg When does a medical clinic’s employee’s unauthorized texting of patient confidential health information result in liability to the clinic? The answer; it depends. In Doe v. Guthrie Clinic, Ltd., the Second Circuit Court of Appeals dismissed a patient’s claim against a medical corporation for alleged breach of fiduciary duty based… Continue Reading

Top 14 for 2014

In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.”  While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014. Location Based Tracking.  As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced with… Continue Reading

Dealing with Personal Information at the Water’s Edge…

Privacy and data security issues and concerns do not stop at the water’s edge. Companies needing to share personal information, even when the sharing will take place inside the same “company,” frequently run into challenges when that sharing takes place across national borders. In some ways, the obstacles created by the matrix of federal and… Continue Reading

Fordham Law School Study of Public Schools Finds Widespread Use of Cloud Services, Student Data at Risk

On December 13, 2013, Fordham Law School’s Center on Law and Information Policy published a study (Study) that paints a sobering picture of how many public schools across the country handle student data, particularly with respect to data they store and services they (and students) use in the “cloud.” There is little doubt that many school districts… Continue Reading

Google Glass in the Workplace

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

CMS Seeks Emergency Review and Approval of its One-Hour Breach Notification Rule for Exchanges

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

Thinking About Cyber, Data Breach Insurance? Have You Assessed Your Needs/Risks?

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