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

The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account. 

In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident

Will NY’s highest court allow patients to sue medical practices for fiduciary duty breaches when their non-physician employees disclose confidential medical records?
Continue Reading New York’s Highest Court To Say Whether Medical Practice Can Be Sued For Wrongful Texts By Non-Physician Employee

A New York law, effective December 12, 2012, prohibits businesses and other entities from requiring individuals to disclose or furnish their Social Security Numbers for any purpose, subject to certain exceptions.
Continue Reading New York Tightens Protections on Social Security Numbers

A new law in New York (eff. April 1, 2011) and a flurry of bills across the country (New Jersey, Nevada, Florida, Connecticut and Oregon) are aimed at requiring businesses to deal with their electronic waste in one form or another. Before discarding that old laptop, businesses should make sure they do so securely and in accordance with applicable state law.
Continue Reading Wondering What To Do With Your “Electronic Waste”?

Less than one month into 2010 the trend to address data security, destruction, and encryption has continued among state lawmakers. Specifically, Florida, Michigan, Kentucky, Kansas, Pennsylvania, and New York all have introduced, reintroduced, or amended legislation of this kind. 

  • The Florida and Michigan laws would amend personal data destruction rules for companies.
  • The New York law would mandate data security and encryption measures.
  • The Kentucky bill would require government agencies to protect all personal data under the Gramm-Leach-Bliley Act.
  • The Michigan bill includes a state version of the Federal Trade Commission’s Red Flags Rule and would require creditors in the state to implement programs aimed at spotting “red flags” of possible identity theft and put in place mitigation measures. Michigan is also considering a number of other measures. 
  • The Kansas law would require state agencies to engage in periodic network security reviews.
  • The Pennsylvania bill would require public agencies to notify state residents of a breach of their personal information within seven days of the discovery of the breach.

While 5 states remain without data breach notice bills (Alabama, Kentucky, Mississippi, New Mexico, and South Dakota), Congress is considering legislation, the Data Accountability and Trust Act (DATA) (H.R. 2221), that would preempt all state notification laws and instead establish a national breach notice standard.

As we have previously mentioned, we anticipate data privacy and security legislation and case law to be at the forefront of legal issues in 2010. Employers should begin by reading the Data Security Primer and consider implementing comprehensive data security policies and procedures that would allow them to comply with the various state laws that may impact their business. Continue Reading Data Security, Destruction and Encryption Leads the Way for States in 2010

Health Net Inc., one of the nation’s largest publicly traded managed health care companies, recently notified authorities and informed affected persons, with a statement on its website, that the unencrypted personal information of 1.5 million current and former members, stored on a portable disk drive, is missing from the company’s Connecticut office. The company