The last couple of times I passed by the TV to see what the kids were watching, I was surprised not to see Spongebob Squarepants or the Yankee game (Michael and Grace have their separate interests, but they usually can agree on something, at least in the short term). Anyway, they happened to be intently
Data Security
The K5 Autonomous Data Machine Might Soon Be Securing and Monitoring Your Business
Developed by Knightscope, the K5 Autonomous Data Machine is a 5 foot tall, 300 pound robotic device designed to be “a safety and security tool for corporations, as well as for schools and neighborhoods,” as reported by the New York Times. While K5 may not yet be ready for prime time, its developers…
California Healthcare Provider Defeats Data Breach Class Action on Definition of Medical Information
In a victory for California healthcare providers, the California Court of Appeal recently held that a health care provider is not liable under California’s Confidentiality of Medical Information Act (CMIA) (Cal. Civ. Code, § 56 et seq.) when the health care provider releases an individual’s personal identifying information, but the information does …
OCR Provides HIPAA “Lessons Learned” In Data Breach Report to Congress
An Office for Civil Rights (OCR) report issued this month reveals some interesting details about data breach activity under HIPAA, as well as some helpful reminders and recommendations for covered entities and business associates. Section 13402(i) of the HITECH Act requires the Secretary of Health and Human Services to submit a report to various Senate…
FTC Objects to Sale of Company Assets Based on Potential Breach of Privacy Policy
Recently, the Federal Trade Commission (“FTC”) filed a limited objection in bankruptcy court to the proposed sale of assets of ConnectEdu, Inc. (“ConnectEdu”) on the grounds that the company’s privacy policy protecting customer personal information had potentially not been complied with.
Specifically, ConnectEdu, an education technology company that provided interactive tools to assist students, parents …
Louisiana Follows Wisconsin and Tennessee in Protecting Employee and Student Personal Online Account Access Information
Following the enactment of similar laws in Wisconsin and Tennessee earlier this year, Louisiana Governor Bobby Jindal signed HB 340, the Personal Online Account Privacy Protection Act, into law prohibiting employers and schools in Louisiana from demanding access to personal email, social media and other types of online accounts. The Act applies to…
Volunteer State (Tennessee) Prohibits Employers From Asking Employees, Applicants to Volunteer Access to Social Media, Internet Accounts
Effective January 1, 2015, Tennessee employers, including government entities, will be prohibited from requesting or requiring access to the private social networking or online accounts of employees and job applicants under the Volunteer State’s “Employee Online Privacy Act of 2014,” signed by Governor Bill Haslam. Our Tennessee colleagues outline the key provisions of the law…
Minnesota Mulls Amendments to Data Breach Notification Law
The Minnesota House of Representatives introduced a bill in late February to strengthen Minnesota’s current data breach notification law, Minnesota Statutes Section 325E.61. The bill, House File No. 2253, was authored by Representative Dan Schoen. It would require notification within 48 hours to all individuals whose unencrypted personal information has been breached. The current…
Florida Legislature Seeks to Overhaul Existing Data Security Law
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…
Stolen Laptops = HIPAA Settlements Totaling Nearly Two Million Dollars
Unencrypted laptop computers and other mobile devices pose significant risks to the security of patient information, reminds the U.S. Department of Health and Human Services Office for Civil Rights (OCR) in its announcement yesterday that it collected $1,975,220 from two entities collectively to resolve potential violations of the Health Insurance Portability and Accountability Act (HIPAA)…