So They’ve Hacked Equifax…. Is Anyone Safe? And What Should You Do Now?

Me and 143 million of my closest friends may have had our personal information inappropriately accessed through a breach at Equifax–is there no safe haven anywhere?  Deferring that question for another day, here are the instructions from the FTC on how to check if your data is implicated.  The first time I tried, I could not access the site:

I waited an hour and went back to the site. … More

High Security: How to Minimize Marijuana Data Risks

As we’ve blogged in the past, the cannabis industry is particularly susceptible to cyberattacks. With threats like a federal crackdown and workplace drug testing, customers have a vested interest in keeping their information private. Unfortunately, the newly-legal cannabis industry has limited experience with data security. While traditional industries have the benefit of expertise and mature regulatory oversight to foster best cybersecurity practices,… More

You can’t be forced to provide a cell phone PIN number, Massachusetts court says.

A Massachusets court recently held that a defendant cannot be compelled to provide a cell phone PIN number to a cell phone that is seized in an arrest, because doing so would be self-incriminating.  In Commonwealth v. Jones, the Superior Court reasoned in part that

The fact that the LG Phone was found on Mr. Jones’ person at the time of his arrest is notable and helpful to the Commonwealth,… More

Adventures in State Data Breach Laws: Maryland Becomes the Next to Amend.

As we have noted before in this space, states have begun going through the process of amending their data breach notification laws.  California, for example, recently amended its data breach notification statute to expand the definition of personal information.  Illinois did the same, and adjusted its safe harbor provision.  And New York created first-of-its-kind financial sector cybersecurity regulations.  … More

General Data Protection Regulation: What It Means For US Healthcare/Life Science Companies (Part Three)

This is the third post in a three-part series designed to provide a summary of some of the GDPR features that are likely to have the most substantial impact on healthcare/life science related businesses. (Links for Part One and Part Two

GDPR Features that Apply Specifically to the Healthcare/Life Science Sectors

Even though the GDPR is a general regulation,… More

General Data Protection Regulation: What It Means For US Healthcare/Life Science Companies (Part Two)

This is the second post in a three-part series designed to provide a summary of some of the GDPR features that are likely to have the most substantial impact on healthcare/life science related businesses. (Links for Part One and Part Three

New General Features of the GDPR

Some of the GDPR general features may be of particular interest for companies in the healthcare/life science sectors.… More

General Data Protection Regulation: What It Means For US Healthcare/Life Science Companies (Part One)

This is the first post in a three-part series designed to provide a summary of some of the GDPR features that are likely to have the most substantial impact on healthcare/life science related businesses. (Links for Part Two and Part Three)

The clock is ticking: on May 25, 2018, in less than a year from now, the General Data Protection Regulation (“the GDPR”) will apply in all Member States of the European Union (“EU”) and will replace the Directive 95/46/CE (“the Directive”).… More

Webinar on September 13: Privacy and Data Security for the Generalist In-House Counsel

Privacy and data security have rocketed to the top of the list of concerns for all corporate boards. Whether you are a technology company, a biotech, or a traditional widget maker, your company has confidential information about its products, customers and employees. And that information has to be protected as a matter of law, both by statute and under contracts with your customers and suppliers.… More

Mistake in Your Credit Report? The Latest Spokeo Decision Suggests You May Have A Case.

In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has declared that inaccuracies in a published credit report may sometimes constitute a “concrete injury” sufficient to confer Article III standing. This is a significant win for consumer protection advocates,… More