On February 16, 2017, HHS OCR announced that Memorial Healthcare Systems (MHS) had paid the U.S. Department of Health and Human Services (HHS) $5.5 million to settle potential violations of HIPAA’s Privacy and Security Rules and agreed to implement a “robust” three year corrective action plan and resolution agreement. Why did MHS pay so much? A long-term failure to close security holes that led to identity theft and fraudulent tax returns.… More
As all aspects of business inexorably shift toward online, it is not surprising that intellectual property infringement, cybersquatting, and related internet abuses abound. Luckily, there are various procedures available by which aggrieved companies can seek relief short of litigation.
Foley Hoag will present a 60-minute webinar on Thursday, March 16 at 12:30 pm EDT offering guidance for in-house counsel regarding internet takedowns and domain name disputes,… More
As we previously reported, the federal Defend Trade Secrets Act (DTSA) enacted last May includes a powerful ex parte seizure proceeding that allows courts in “extraordinary circumstances” to order the seizure of property necessary to prevent the immediate dissemination of trade secrets.
The Trump Administration has taken office at a time when cybersecurity has increasingly entered the public consciousness as a major challenge facing both the United States government and the business community. Cyberattacks from both criminal and state actors have bedeviled businesses and roiled politics over the past year. Against this backdrop, the administration has professed a strong commitment to cybersecurity, for instance designating former New York City Mayor Rudy Giuliani as a high-profile cybersecurity liaison to the private sector,… More
For internet-of-things watchers, some information to chew on: several news outlets have reported on a dispute between Amazon and law enforcement investigators in Bentonville, Arkansas. Arkansas police are investigating an apparent homicide that took place in November 2015, and have charged one suspect with murder. Searching the house where the crime took place, investigators uncovered an Amazon Echo device, a personal digital assistant that can be activated by voice commands.… More
The new (EU) 2016/679 General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. Its scope is broader than that of the current 95/46/CE Directive, which means that more companies headquartered outside of the EU will have to comply with European data protection rules than under the current regime.
The 95/46/CE Directive set up a European body, the Article 29 Working Party,… More
Who should you call when you suspect, or are certain of, a data breach? Data breaches and other cybersecurity incidents have become of a fact of life. Yahoo! recently disclosed that data for over one billion users was compromised in 2013. Hundreds of incidents affecting millions of records were reported in 2016 alone. So when — not if — your company suffers a breach,… More
US companies with employees or clients in Switzerland will be interested to hear that the new Swiss-US Privacy Shield was approved on 11 January.
Although Switzerland is not a member of the European Union, its data protection law (Federal law of 19 June 1992) is very similar to the European 1995 Data Protection Directive. According to the Federal law, the transfer of personal data outside of the country is not allowed if that would pose a serious threat,… More
Written by James Swann | This article was originally published in Bloomberg BNA Health Care Daily Report
An Illinois health system has reached a $475,000 settlement over allegations it waited too long to report a data breach, the first time the government has settled over untimely breach notifications.
Presence Health uncovered a data breach on Oct. 22, 2013 affecting 836 individuals,… More
The recent hack of the Democratic National Committee (DNC) and the United States’ subsequent decision to impose retaliatory sanctions against Russia poses an important question: what does international law have to say about state-sponsored cyberattacks? Unfortunately, and perhaps unsurprisingly, the answer is, very little. While technological innovation races ahead at warp speed, international law has lagged behind.
There are no international treaties on cyber warfare.… More