Following up on our recent post on the subject, I had the opportunity to speak with Colin O’Keefe, Editorial Manager-LexBlog, on the FCC’s first foray into policing a cybersecurity incident. In the brief video interview, I explain what happened and what it could mean going forward. Special thanks to Colin, and LXBN TV, for
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.
Delaware Joins List of States Regulating Data Disposal
On January 1, 2015, Delaware employers who dispose of records which contain the unencrypted personal identifying information of employees must take steps to ensure the privacy of such information. The bill, H.B. 294, was recently signed by Delaware’s Governor Jack Markell.
The new law defines personal identifying information as an employee’s first name
*UPDATE* Suit Against School District Regarding Tweet Settles
As previously reported, in a March 2014 filing titled H.W. v. Sterling High School District, a New Jersey high school student filed suit claiming school officials had violated her constitutional rights when they punished her for content she posted on Twitter which criticized Sterling High School’s principal.
The settlement, which was approved by
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
Prepare For Increased HIPAA Fines
Since mid-2013, the Department of Health and Human Services has recovered more than $10 million from numerous entities in connection with alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”). However, during a recent American Bar Association conference, Jerome B. Meites, a chief regional civil rights counsel at the Department of Health and
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
Fulbright’s Litigation Survey Addresses Privacy in the Age of Social Media and Mobile Devices
Norton Rose Fulbright recently released the results of their 9th annual litigation trends survey. The Fulbright survey reflects information collected from 392 in-house attorneys; including 82% identifying themselves as general counsel and 14% as head of litigation. Additionally, the companies responding to the survey represent virtually all industries, include entities of all sizes, and