Mondaq USA: Privacy
In a brief ruling last week, a California state court dismissed a closely watched lawsuit charging Delta Air Lines with failure to comply with state privacy laws for mobile applications.
The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and they are catching the attention of the business world.
The Privacy Rights Clearinghouse’s Chronology of Data Breaches lists 3,671 incidents affecting 607,295,463 records since 2005
A California state court dismissed the California Attorney General’s case against Delta Air Lines for violation of the California Online Privacy Protection Act late last week.
The Federal Communications Commission recently declared that sellers of products and services can be held vicariously liable for actions of third-party telemarketers that violate the Telephone Consumer Protection Act of 1991.
In a significant victory, Delta Airlines’ demurrer to the enforcement action filed by the state of California was sustained without leave to amend.
On April 18, 2013, the Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking to approve Version 5 of the North American Electric Reliability Corporation’s Critical Infrastructure Protection Reliability Standards, a group of mandatory cybersecurity regulations applicable to much of the electric industry.
The National Institute of Standards and Technology published Revision 4 of its standard-setting cybersecurity controls guide, Special Publication 800-53.
The Federal Trade Commission voted unanimously this week to keep the July 1, 2013, compliance date for the new COPPA Rule.
HHS Office of Civil Rights and the Workgroup for Electronic Data Interchange are co-sponsoring four upcoming webinars to help smaller health care providers better understand HIPAA compliance and enforcement topics.
The recent announcement of charges in New York against eight members of a cybercrime ring that stole $40 million from ATMs in 24 countries, all within 10 hours, is the latest in a series of episodes that illustrate the constant threat of cyber attacks against our corporate networks.
In an effort to provide clarity on it its revised Children's Online Privacy Protection Rule ("Rules"), the FTC recently published a list of Frequently Asked Questions ("FAQs") with information on how to comply.
The FTC recently unanimously decided that the revised Children’s Online Privacy Protection Act will go into effect on July 1, 2013, as announced last December.
The FTC has recently sent more than ninety "educational" letters to domestic and foreign businesses whose Web sites and online services appear to collect personal information from children that are 12 years old and under, in an attempt to help the businesses come into compliance with the amendments to the Children’s Online Privacy Protection Rule, going into effect on July 1.
Scott Vernick was quoted in the Law360 article, "As Data Breaches Rise, AGs Emerge as Primary Enforcers."
A California Superior Court judge has dismissed with prejudice a privacy suit brought by California Attorney General Kamala Harris against Delta Airlines.
A discussion on whether courts allow cell phone searches incident to an arrest.
Today, in response to a directive in President Obama’s February Executive Order on Critical Infrastructure Cybersecurity, the Joint Working Group on Improving Cybersecurity and Resilience through Acquisition, headed by the General Services Administration, published a Request for Information.
U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting data, and securely maintain the data they collect.
Plaintiffs still cannot dial up TCPA claims in New York.
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The 2010 theft of an unencrypted laptop containing confidential health care information made front-page news in 2013, not because a huge number of patients were affected, but for the exact opposite reason.
On January 17, 2013, the federal Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"), issued the long-anticipated final omnibus amendments.
The privacy and security standards under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its regulations were designed to protect personal health information from unfettered use for commercial purposes.
A company's best defense against any of these potential pitfalls is to take the steps necessary to sufficiently protect all proprietary and customer data.
Identity theft is a serious threat. In 2012, more than 12.6 million adults became victims of identity theft in the U.S.1 And the costs have been astronomical.
Employers find it increasingly difficult to balance the competing interests of an employee's privacy against the employer's security in relation to the evolution of technology and social media usage.
On April 22 Verizon released its 2013 Data Breach Investigations Report (DBIR), which has since 2008 become a leading annual survey of data breaches, with participants across the globe.
As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators.
A discussion on a case where a perpetrator ran off with a safe and the store's backup disk including confidential information relating to prescriptions, names, addresses and medications.
Employers routinely provide their employees with smartphones, laptops, or company cars to conduct company business.
