Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

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

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 for access to the plaintiffs’ … Continue Reading

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 Facebook. As … Continue Reading

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: … Continue Reading

A Different Kind of Palm Reader…Biometrics Going Mainstream?

Fingerprints, voice prints and vein patterns in a person’s palm are three examples of biometrics that may be “moving into the consumer mainstream to unlock laptops and smartphones, or as a supplement to passwords at banks, hospitals and libraries,” reports Anne Eisenberg at the New York Times. Of course, these technologies, aimed at increasing security and, … 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

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, a relatively … 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

Can We Prohibit Employees From Making Video/Audio Recordings at Work?

Check out our labor colleagues’ recent post (see Labor & Collective Bargaining blog) concerning the permissibility of a policy to prohibit audio/video recording in the workplace under the National Labor Relations Act, and the decision in Whole Foods Market, Inc., Case No. 1-CA-96965 (10/30/13). Most of us do not go too far – whether at work … 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

Partly Cloudy With a Chance of Rain – A Forecast for Problems in the Cloud

If your cloud service provider sounds like your local weather reporter – partly cloudy with a chance of rain – you may be in for a data security storm. A USA Today guest essay by Rajiv Gupta highlights the need for a multi-layered approach for cloud providers to ensure data stored in the cloud is secure, something … Continue Reading

Healthcare.gov Not Secure, According to IT Security Experts

According to testimony before the House Committee on Science, Space, and Technology and warnings from IT security experts, individuals using the federal government’s website to obtain health coverage through the Exchange are likely putting the security of their sensitive personal information at significant risk. Reports about the cost of the federal website vary, but based on … Continue Reading
LexBlog