Category Archives: Privacy Law

security breaches

Fiduciary Risk in Data Privacy and Cybersecurity? You Bet!

Health plan administrators are (or certainly should be) well-versed in their obligations under the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH). Failure to secure protected health information (PHI) from disclosure can result in civil monetary penalties of up to $1.5 million …

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The newest Internet technology. Connection. Cybersecurity.Safety Internet

Announcement of “Privacy Shield” Gives Hope for U.S. Companies Who Previously Relied on Safe Harbor

We have previously discussed the EU Court of Justice’s invalidation of the long-standing Safe Harbor program, previously relied on by many organizations as a means of authorizing transfers of EU citizens’ private data to the United States. U.S. companies eagerly awaited news of a replacement for Safe Harbor and kept a close watch as the …

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The newest Internet technology. Connection. Cybersecurity.Safety Internet

Announcement of "Privacy Shield" Gives Hope for U.S. Companies Who Previously Relied on Safe Harbor

We have previously discussed the EU Court of Justice’s invalidation of the long-standing Safe Harbor program, previously relied on by many organizations as a means of authorizing transfers of EU citizens’ private data to the United States. U.S. companies eagerly awaited news of a replacement for Safe Harbor and kept a close watch as the …

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More Than Family Affair: Six-Figure HIPAA Penalty Upheld for Unrepentant Home Care Agency due to PHI Access by Spurned Spouse of Employee

Introduction The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder (“HIPAA”) should be now well-known to health care providers and health plans.  Under HIPAA’s “Privacy Rule,” covered entities must take steps to “reasonably safeguard” protected health information (“PHI”) from any “intentional or unintentional use or disclosure that …

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MARINA CA/USA - DECEMBER 30 2013: Exterior view of a Target retail store. Target Corporation is an American retailing company headquartered in Minneapolis Minnesota. It is the second-largest discount retailer in the United States.

Rosa Parks Name and Likeness Free for Use?

Rosa and Raymond Parks Institute for Self Development v. Target Corp. Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant was shielded by the First Amendment from a lawsuit claiming the …

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Private Email Woes Infect The Private Sector in Delaware

Vice Chancellor J. Travis Laster’s ruling in Amalgamated Bank v. Yahoo!, Inc., C.A. No. 10774-VCL (Del. Ch. Feb. 2, 2016) should sound a tocsin to directors that their “private” emails may not be so private.  The ruling addressed Amalgamated Bank’s demand to inspect the books and records of Yahoo! pursuant to Section 220 of the Delaware General …

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Department of Commerce Releases Fact Sheet on EU-U.S. Privacy Shield

As we reported yesterday, the United States and the European Commission have reached a political agreement on a new framework for transatlantic data flows, referred to as the EU-U.S. Privacy Shield.  The U.S. Department of Commerce (“Commerce”) released a fact sheet yesterday to coincide with the announcement of the agreement. The fact sheet includes a …

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The newest Internet technology. Connection. Cybersecurity.Safety Internet

Agreement Reached on New EU-U.S. Safe Harbor: the EU-U.S. Privacy Shield

On February 2nd, 2016, the European Commission and U.S. Government reached political agreement on the new framework for transatlantic data flows.  The new framework – the EU-U.S. Privacy Shield – succeeds the EU-U.S. Safe Harbor framework (for more on the Court of Justice of the European Union decision in the Schrems case declaring the Safe Harbor …

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security breaches

Government Forces Awaken: Rise of Cyber Regulators in 2016

As the sun sets on 2015, but before it rises again in the New Year, we predict that, in the realm of cyber and data security, 2016 will become known as the “Rise of the Regulators.” Regulators across numerous industries and virtually all levels of government will be brandishing their cyber enforcement and regulatory badges …

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child playing mobile game

Happy Holidays: VTech Data Breach Affects Over 11 million Parents and Children Worldwide

The recent data breach of Hong Kong-based electronic toy manufacturer VTech Holdings Limited (“VTech” or the “Company”) is making headlines around the world for good reason: it exposed sensitive personal information of over 11 million parents and children users of VTech’s Learning Lodge app store, Kid Connect network, and PlanetVTech in 16 countries! VTech’s Learning …

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