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
What Employers Need to Know About Bitcoin
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 actually operates remains relatively unknown
Puerto Rico Gets Serious About HIPAA – $6.8 million in penalties connected to data breach
Ricardo Rivera Cardona of the Puerto Rico Health Insurance Administration, intending to send a message by imposing the largest penalty to date ($6.8 million) arising out of a breach of protected health information under HIPAA, as reported by Infomation Security Media Group, is quoted as saying:
We are sending a message that we are
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,
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
No First Amendment Protection for Police Officer’s Facebook Rant, a Reminder of the Risks of Employee Activity in Social Media
If you are a public sector employer, you may be particularly interested in an article written by my fellow shareholder and practice group member, Marlo Johnson Roebuck. She writes about a recent case, Graziosi v. City of Greenville, involving a police department’s decision to terminate a police officer for statements she made on
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
OCR Responds To Critical OIG Report About the Extent of OCR’s HIPAA Enforcement
A report issued by the Department of Health and Human Services Office of Inspector General (“OIG”) concludes that the Office for Civil Rights (“OCR”) did not meet all of its federal requirements for oversight and enforcement of the HIPAA Security Rule. While the report noted OCR met some of these requirements, it also found that:
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
Another Small Healthcare Provider Settles Potential HIPAA Violations Following Data Breach, Office For Civil Rights Announces
A familiar story – small health care provider suffers a data breach affecting patient data, reports incident to the federal Office for Civil Rights (OCR) and winds up becoming subject to an OCR investigation that goes well beyond the breach itself, resulting in a significant settlement payment and corrective action plan.
In this case,