On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a bulletin to highlight the obligations of Health Insurance Portability and Accountability Act of 1996 (HIPAA) on covered entities and business associates under the HIPAA Privacy, Security, and Breach Notification Rules (“HIPAA Rules”) when using online tracking technologies. These online tracking technologies, like Google Analytics or Meta Pixel,… More
Tag Archives: breach
U.S. Department of Homeland Security Announces New Cybersecurity Requirements for Critical Pipeline Owners and Operators
On May 27, 2021, the Department of Homeland Security’s Transportation Security Administration (TSA) announced a Security Directive that will enable DHS to better identify, protect against, and respond to threats to critical companies in the pipeline sector. (And for those in other business sectors, this is a potential preview of cybersecurity regulation to come.)
“The cybersecurity landscape is constantly evolving and we must adapt to address new and emerging threats,” said Secretary of Homeland Security Alejandro N.… More
China’s Internet Regulator Drafts COPPA-Like Rules for Children’s Data Privacy
In early June, the Cyberspace Administration of China released for public comment new draft regulations applicable to the collection of personal information relating to children under 14 by online service providers.
The draft regulations share many of the same structures as those utilized by the Children’s Online Privacy Protection Act (“COPPA”) in the United States:
- online service operators will have to obtain parental consent based on a comprehensive disclosure about the collection,…
Is Your Company’s Board of Directors Cyber Savvy?
Every company should expect that at some point it will experience a data breach. Whether as a result of hackers, disgruntled employees, or careless acts such as losing an unencrypted phone or laptop, data breaches may subject companies to liability and must be handled with speed and great care. What are the responsibilities of directors in preventing and addressing data breaches?
Without a doubt, directors must be generally aware of the data security risks facing the company and ensure that the company is prepared to manage those risks appropriately and has an incident response plan for a data breach.… More
Massachusetts Amends Its Data Breach Response Law
On January 10, 2019, Massachusetts Governor Charlie Baker signed a new law that amends its data breach reporting law, and requires credit reporting agencies such as Equifax to provide a free credit freeze to consumers. The new law, “An Act Relative to Consumer Protection from Security Breaches,” also requires companies to offer up to three years of free credit monitoring to victims of a security breach,… More
“You Are Known By The Company You Keep” — Including Vendors Without Business Associate Agreements
The concept that one is known by the company one keeps dates back to ancient times (the particular phrase is attributed to both Aesop and the Book of Proverbs). But this simple aphorism continues to be true. A recent example is the $500,000 that Advanced Care Hospitalists (ACH) had to pay to the Office for Civil Rights of the U.S. Department of Health and Human Services (OCR) to settle potential violations of the HIPAA Privacy and Security Rules.… More
French Data Protection Authority Takes Stock After 4 Months of GDPR
Four months after the GDPR came into effect, the French Data Protection Authority (“CNIL“) published a first assessment with some impressive figures:
Free Consumer Credit Freezes Coming in September
As noted in the FTC alert below from Lisa Weintraub Schifferle, an attorney with the FTC’s Division of Consumer & Business Education, thanks to a new federal law, soon you can get free credit freezes and year-long fraud alerts. Here’s what to look forward to when the law takes effect on September 21st:
Free credit freezes
- What is it? A credit freeze restricts access to your credit file,…
Blogging from BIO 2018: “Mo Money, Mo Problems”
The late rapper known as The Notorious B.I.G. recorded a song called, “Mo Money, Mo Problems.” Many of the lyrics can’t be repeated here, but the refrain can:
“It’s like the more money we come across
The more problems we see.”
This refrain came to mind yesterday as I sat in the BIO 2018 session about digital health: A Look to the Future: Investors Corner –… More
DNC Sues Russia, the Trump campaign, Wikileaks
It’s probably not going to change anything, but the Democratic National Committee has sued Russia (and members of the Russian establishment), members of the Trump campaign, and Wikileaks regard the 2016 election security breaches. The DNC’s complaint includes almost every claim imaginable in response to a hacking incident. If nothing else, it’s a good model for lawyers to crib from. More