The FTC recently settled a charge with True Ultimate Standards Everywhere, Inc. (“TRUSTe”) alleging that the internet privacy certification company deceived consumers about its recertification program, as well as misrepresented itself as a non-profit entity when, in fact, it had converted to a for-profit company. TRUSTe is a well-known internet privacy watchdog. Its seal is
California District Court – “Under TCPA Autodialer Must Generate Numbers”
One of the most complex issues under the Telephone Consumer Protection Act (TCPA) is determining whether the technology utilized qualifies as an “automatic telephone dialing system” (ATDS) or “autodialer.” The TCPA prohibits using an ATDS to make calls to cell phone numbers, absent prior consent of the called party. An ATDS is generally define as
Negligence Claims for Breach of Patient Privacy Not Preempted by HIPAA, Connecticut Supreme Court Holds
Healthcare providers continue to have challenges with responding to attorney requests for information and subpoenas. We highlighted some of these last year, along with some issues providers should be considering to help meet those challenges. In this case, after the patient advised the provider not to disclose her PHI to her significant other, the
Liability for Providing Too Little Information?
Most employers are well aware that potential liability lurks if unauthorized information is disclosed to third parties. Obvious examples would include unauthorized employee or applicant health or financial information or personal information such as social security numbers and the like.
In an interesting twist, the Minnesota Supreme Court considered whether liability could be created when
Computer Fraud and Abuse Act No Help to Employer Suing Employee Who Took Proprietary Business Info
An employer had no cause of action under the Computer Fraud and Abuse Act (“CFAA”) against an employee who accessed its computer systems to misappropriate confidential and proprietary business information to start a competing business, the U.S. District Court for the Southern District of Ohio has held. Cranel Inc. v. Pro Image Consultants Group, LLC,
Data Breach Notification Deadline Extended 10 Days for Certain Healthcare Providers in California
While recent legislation has tended to tighten data breach notification requirements (e.g., Florida and California), Assembly Bill 1755 extended the breach notification deadline from five to 15 days for certain healthcare providers. More specifically, according to AB1755 which becomes effective January 1, 2015, the deadline to provide notification of a breach of medical information
Enterovirus D-68 and Ebola Cases Raise Privacy Concerns for Healthcare Providers and their Workers
On September 25, a four-year old boy from New Jersey died of Enterovirus D-68, reports myfoxphilly.com. Increasingly, there are reports about potential Ebola cases in the U.S.
Naturally, the spread of infectious disease raises concern for everyone, particularly for healthcare workers who want to do their jobs, and also protect their families. There are
Data Incident Response–Are You Prepared?
Two recent surveys provide some detailed analysis of cybersecurity and its impact in today’s world.
The Global State of Information Security Survey 2015, conducted by PricewaterhouseCoopers LLP (PWC), found a 48% increase in the number of security incidents detected from 2013. PWC surveyed more than 9,700 security, information technology and business executives found
IRS Issues Fraud Alert to Financial Institutions Complying with FATCA
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
Companies Need to be Better Prepared to Respond to Problematic Social Media Activity, Including Facebook “Likes”
The National Labor Relations Board has found that another employer (a non-union employer) violated its employees’ protected concerted activity rights under the National Labor Relations Act (NLRA) when it disciplined and fired them for certain social media activity. Our Labor Group provides an extensive analysis of this decision in Triple Play Sports Bar and Grille