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On February 4, 2013, the California Supreme Court held that
Apple Inc. is permitted to request a customer's
address and telephone number in connection with an online purchase.
The Supreme Court reversed the trial court's decision and found
that the Song-Beverly Credit Card Act does not apply to online
transactions. The Supreme Court stated that "[t]he
safeguards against fraud that are provided in [the act] are not
available to the online retailer selling an eletronically
downloadable product. Unlike a brick-and-mortar retailer, an
online retailer cannot visually inspect the credit card, the
signature on the back of the card or the customer's photo
identification." The case is Apple Inc. v. The
Superior Court of Los Angeles County, Case No. S199348.
Attached is a copy of the Court's opinion.
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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.
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.
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.
Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws.
Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers.
Any company that collects personal data from consumers should take proactive steps to have appropriate legal counsel review its data security practices, as well as its terms of service or privacy practices, to identify any potential problem areas.
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules.
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