FBI Warns of Teleconferencing and Online Classroom Hijacking

If you are among the many people turning to video-teleconferencing (VTC) to stay connected during the COVID-19 pandemic, you need to protect yourself from “Zoom-bombing” – the entrance of uninvited individuals into your VTC.  The FBI has received multiple reports of conferences being disrupted by offensive images and/or threatening language.

The FBI recommends the following steps to mitigate VTC hijacking threats:

  • Do not make meetings or classrooms public:
    • In Zoom,…
  • More

COVID-19 and HIPAA: OCR Guidance on Disclosures to Law Enforcement, First Responders, and Public Health Authorities

On March 24, 2020, the Office for Civil Rights (OCR) at the Department of Health and Human Services issued guidance on how HIPAA covered entities may disclose protected health information (PHI) about an individual who has been infected with or exposed to COVID-19 to law enforcement, paramedics, other first responders, and public health authorities in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.… More

Partner Colin Zick Discusses Remote Work and Cybersecurity on WGBH’s In It Together

Colin Zick, Co-Chair of Foley Hoag’s COVID-19 Task Force, recently appeared on the WGBH news program In It Together, where he spoke with Arun Rath about the steps companies and individuals can take to protect their sensitive data in an era of remote working and telehealth. Click here to listen to a full recording of the program.

Enforcement of HIPAA Rules for Telehealth Relaxed Due to COVID-19 Public Health Emergency

On Friday, March 20, 2020, the Department of Health and Human Services Office for Civil Rights (“OCR”) announced it will “exercise its enforcement discretion and will not impose penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.  This notification is effective immediately.”… More

Cybersecurity and Infrastructure Security Agency Identifies Essential Critical Energy Infrastructure Workers During COVID-19 Response

On March 19, 2020, the Cybersecurity and Infrastructure Security Agency (CISA) issued its Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response (“Memo”).  The Memo identifies workers who conduct “a range of operations and services that are essential to continued critical infrastructure viability” and who support a wide-spectrum of industries such as medical and healthcare, telecommunications, information technology systems, defense, and energy.

As provided by the Homeland Security Act of 2002,… More

March 13, 2020 Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency Briefing on Covid-19 and Data Security

The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) just completed a stakeholder security briefing.  This was recorded and should soon be available on the CISA website, but in the interim, some key takeaways are:

  • We are in the “initiation phase” of the pandemic, meaning the worst is yet to come (the “acceleration phase”).
  • Covid-19 has been found in 42 states.
  • The presenters declined to comment on the likelihood of mandatory quarantines.…
  • More

U.S. Department of Health and Human Services Office for Civil Rights BULLETIN: HIPAA Privacy and Novel Coronavirus

The coronavirus and Covid-19 are impacting everything and everyone, and certainly health information privacy.  Here is a useful summary of health information issues to be mindful of from HHS OCR on HIPAA privacy and the coronavirus/Covid-19.  Topics covered in the bulletin include:

  • Sharing Patient Information
  • Disclosures to Family, Friends, and Others Involved in an Individual’s Care and for Notification
  • Disclosures to Prevent a Serious and Imminent Threat
  • Disclosures to the Media or Others Not Involved in the Care of the Patient/Notification

For more information on HIPAA and Public Health,… More

Countdown to CCPA: Foley Hoag Podcast Series Number 3

Companies that have already done the work to become GDPR-compliant are a step ahead, but all companies that collect California users’ personal information or just do business in California should check to see whether they are obligated to comply with the CCPA. Foley Hoag’s Privacy & Data Security practice group has more than a decade of experience and deep knowledge in domestic and international privacy law. Our CCPA team, with lawyers admitted to practice in California,… More

Watch – Best Practices: Terms of Service and Privacy Policies

Terms of service and privacy policies form the primary legal agreement between your organization and anyone who visits your website, downloads your app, or subscribes to your platform. These agreements are ubiquitous, yet often overlooked by start-ups and established companies alike. And with new privacy laws like GDPR and CCPA affecting businesses globally, understanding how these laws affect your policies and terms is crucial for doing business.

Foley Hoag attorneys Christopher Hart and Jessica Turko present a webinar discussing how companies can mitigate risk when drafting terms of service and privacy policies.

Topics Discussed

  • How your terms and privacy policy work together to define and protect users’ privacy and content rights
  • Critical issues to address in your terms of service and privacy policy
  • How customized these agreements should be
  • How often these agreements should be updated
  • Drafting mistakes to avoid

Click here to download the materials.