Late last year we reported Indiana Attorney General Greg Zoeller was seeking legislation which would better protect the online personal and financial information of Indiana residents. That legislation, S.B. 413, was unanimously passed by the Indiana Senate on February 24, 2015. Indiana’s bill follows similar efforts in New Jersey, New York and Oregon.
Ethics Case Alleging Improper Social Media Access May Proceed
As we previously reported, sending a “friend” request to access information on an individual’s Facebook page that is not publicly available may have serious ethical implications. Specifically, the New Jersey Office of Attorney Ethics (OAE) alleges John Robertelli and Gabriel Adamo violated the Rules of Professional Conduct, including those governing communications with represented parties,
NJ & NY Propose Amendments To Data Breach Laws
The New Jersey Assembly on December 15 unanimously approved, by a vote of 75-0, a bill designed to better protect consumers from identify theft. Bill A3146, if approved by the Senate, would expand the state’s law to include disclosure of a breach of security of online accounts.
Per the Identity Theft Resource Center, between
FCC Issues First Data Security Fine
On October 24, 2014, the Federal Communications Commission (FCC) announced its intention to fine two telecom companies $10 million for several violations of laws protecting the privacy of phone customers’ personal information. This marks the FCC’s first data security case and the largest privacy action in the FCC’s history.
According to the FCC, TerraCom, Inc.
Missouri Constitutional Amendment Protects Electronic Privacy
On August 5, 2014, Missouri voters approved Amendment 9 to the Missouri Constitution making Missouri the first state in the nation to offer explicit constitutional protection to electronic communications and data from unreasonable serches and seizures.
The official ballot title asked: “Shall the Missouri Constitution be amended so that the people shall be secure in
NY Department of Financial Services Proposes Virtual Currency Rule
The New York Department of Financial Services recently published proposed regulations which would require virtual currency businesses operating in New York State to safeguard data and protect customer privacy.
Notably, the proposed regulations include requirements for virtual currency business to maintain cyber security programs and business continuity and disaster recovery plans.
Virtual currencies under the
Baltimore, MD Joins “Ban The Box” Movement
Baltimore, MD has joined the growing list of cities and states around the country implementing “ban the box” legislation. “Ban the box” legislation restricts inquiries regarding an applicant’s criminal history on applications for employment and during job interviews. The EEOC recommends “banning the box” believing the use of conviction records excludes applicants and can disparately
Florida Social Media Bill Dies In Committee
As we previously reported, the Florida legislature was considering joining numerous other states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts.
Senate Bill SB198, which was entitled “An Act Relating to Social Media Privacy,” has died in committee. As such, Florida will not be
Interception Does Not Include Access to E-Mail Account
The United States District Court for the Middle District of Alabama recently held in Bruce v. McDonald that the “mere access” of an e-mail account and subsequent printing/possession of e-mails from the same account did not constitute an “interception” in violation of the federal Wiretap Act.
Under the Wiretap Act, as amended by the
Best Practices For Gramm-Leach-Bliley Compliance
The U.S. Commodity Futures Trading Commission (Commission) issued a Staff Advisory on best practices for financial institutions that must comply with Gramm-Leach-Bliley Act (GLBA) provisions on data security and customer privacy.
GLBA was enacted to ensure that financial institutions respect the privacy of their customers and protect the security and confidentiality of nonpublic personal information.