Category Archives: Privacy

Hey, Alexa – Tell Me About My Privacy Rights!

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

More on HIPAA Audits for 2016 and 2017–Desk Audits and On-Site Audits

As part of the ongoing HHS OCR HIPAA audit initiative, it is conducting “HIPAA desk audits.”  These audits don’t involve auditors coming in your facility.  Instead, covered entities are being asked to submit documents on:

     (1) their risk analysis and risk management plans under the HIPAA security rule;

     (2) the content and timeliness for following the HIPAA breach notification rule; or

     (3) the notice of the entity’s privacy practices for health information and patients’… More

Cybersecurity: Are You Ready for the Next Attack?

The U.S. Department of Homeland Security says that all employees need to know the signs of a cyber-attack, not just those who work in the IT field. This is increasingly important as more companies move business operations online. The Department stresses employees should make passwords complex, beware of phishing emails and report all suspicious activity to their company’s IT department.

Last week, attorney Chris Hart joined the Boston Business Journal’s Table of Experts program to provide insights into how to protect a company from a cyberattack,… More

Cybersecurity News and Notes – September 13, 2016

In Case You Missed It:  The Federal Trade Commission has opened a public comment period to evaluate its Safeguards Rule (16. C.F.R. § 314.3).  Under the Gramm-Leach-Bliley Act (GLBA), which regulates financial institutions, the FTC is empowered to promulgate regulations governing how financial institutions secure consumer information.  The Safeguards Rule, as currently in force, does not have specific “how-to” requirements, but rather broad and flexible standards that financial institutions can use as guidelines in assessing risks to the data they maintain and in developing viable security plans. … More

Law360: Pokemon Go Developer Wades Into Privacy Minefield

This post originally appeared in Law360. Written by Allison Grande. Edited by Philip Shea and Brian Baresch

The rapid rise of the hit smartphone game “Pokemon Go” has opened the developer of the app up to heavy scrutiny from regulators and users, who may end up wielding a variety of privacy and consumer protection laws to address concerns over the type and quantity of data being collected.… More

At Long Last, US-EU Privacy Shield Adopted By EU Member States

Key takeaways:

  • The Privacy Shield will now go into effect.
  • The preliminary start date for companies to be certified under the Privacy Shield is August 1, 2016.
  • Expect more challenges to the Privacy Shield before all is said and done.

The Details:

Following the invalidation of the US-EU Safe Harbor by the European Court of Justice in the Schrems case,… More

Cybersecurity News & Notes – June 20, 2016

In Case You Missed It: Illinois strengthened its data privacy and security law, with the amendments going into effect in January 2017.  The amendments include expanding the definition of “personal information” to include a username or email address of an Illinois resident in conjunction with a password or security question answer that would permit access to an online account.  The definition is also expanded to include medical and health insurance information. … More

OCR Releases Video Guidance on Provision of Medical Records

The summer movie season is now officially in full swing, with the release of three informational videos regarding HIPAA and the right of individuals to access their medical records, published by the Office of Civil Rights of the Department of Health and Human Services. 

The video trilogy, and accompanying infographic, are the eagerly-awaited sequel to OCR’s guidance “Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.525,” issued earlier this year. … More

Join Us June 23: Cybersecurity Challenges and Solutions for Emerging Managers

Hedge Fund Association Symposium in Boston

The Securities and Exchange Commission has reiterated that cybersecurity threats and the adoption of sufficient policies and procedures will remain a compliance and examination priority for 2016. Please join us for a discussion of the primary threats facing managers of private funds, particularly emerging managers, and practical steps that they should be taking to protect their business from cybersecurity threats.

This event is complimentary for HFA members and friends of Foley Hoag. … More

Watch: HIPAA Crimes Webinar – How the New Crime Wave Affects You

Unfortunately, health care providers are the perfect mark for theft and extortion because they have huge amounts of sensitive information and maintain such information in computer databases at risk of infiltration. On May 17, Foley Hoag presented a webinar discussing the ongoing crime sprees involving theft of patients’ identities and health information; ransomware involved in these crimes; related data security issues affecting health care providers; and how they implicate law enforcement and the criminal law aspects of HIPAA.… More

Obama Signs Defend Trade Secrets Act Into Law: Important New Tool for Victims of Data Breach

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law.  Previously, companies could only bring misappropriation of trade secrets claims under state law.  (Unless they were able to convince federal prosecutors to bring criminal charges under the Economic Espionage Act, which rarely ever happens.)  Now, companies have the option of pursuing a federal cause of action for misappropriation of trade secrets,… More

Join Us on May 25: The End of the “Safe Harbor” for E.U./U.S. Data Transfer

How Can Companies Transfer Personal Data and Remain Compliant?

The French-American Chamber of Commerce, Foley Hoag LLP and The Consulate General of France in New York are pleased to invite you to a timely panel discussion and networking event.

Date: Wednesday, May 25
Time: 6:00 pm – 8:00 pm
Location: Consulate General of France
934 Fifth Avenue
New York,… More

Cybersecurity, Corporate Governance, and Risk Management: Best Practices

As litigators, we help clients resolve conflicts that have matured into disputes.  In the realm of cybersecurity, we defend claims brought by private parties or governmental entities against companies facing the fallout from a data breach.

In advising clients in the context of litigation, we have identified tools that are available to mitigate or prevent the types of breaches that we see in litigation.  In the area of cybersecurity,… More

Top Tips for OCR HIPAA Audit Preparation

Written by Elizabeth Snell | This article was originally published on HealthITSecurity.com 

The recently announced OCR HIPAA audits are not a cause for panic, according to experts, especially of organizations have proper documentation.

With the most recent round of OCR HIPAA audits announced just last month, many healthcare organizations are working to ensure that they are prepared should they be called for investigation.… More

EU General Data Protection Regulation Adopted

After years of intense discussions, the EU General Data Protection Regulation (GDPR) was finally adopted on 14 April 2016.

The GDRP sets out uniform new rules in the field of data protection across the EU, rules that will standardize the law in the 28 EU Member States and have an impact on both European and non-European companies.  For example:

  • data controllers (companies collecting and using personal information) will have a wide range of new obligations,…
  • More

How Hospitals Can Avoid Being the Next Ransomware Victim

Hospitals are increasingly the target of hackers, particularly in the form of “ransomware.”  What follows is a primer on ransomware and how to avoid being a target of it.

What is ransomware? 

Ransomware is a type of malware that limits users’ access to their computer systems. It functions by locking a user’s system and/or encrypting its files.… More

iPhone Access Gets Attention, ‘Stingrays’ Fly Under The Radar

Previously published in Law360, April 5, 2016. Posted with permission.

While eyes have been peeled on the U.S. Department of Justice’s efforts to obtain a court order to hack the iPhone of one of the San Bernardino killers, garnering far less scrutiny is law enforcement’s more routine use of powerful cellular tracking devices before a defendant is even charged. Called cell-site simulators,… More