Category Archives: Privacy Law

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Privacy Hat Trick: Three New State Laws to Juggle

Nevada, Oregon and New Jersey recently passed laws focusing on the collection of consumer information, serving as a reminder for advertisers, retailers, publishers and data collectors to keep up-to-date, accurate and compliant privacy and information collection policies. Nevada: A Website Privacy Notice is Required Nevada joined California and Delaware in explicitly requiring websites and online …

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“WannaCry” Ransomware Attack Causes Disruption Globally – With Worst Yet to Come

A ransomware known as “WannaCry” affected 200,000 people in 150 countries over the weekend, locking computer files and demanding payment to release them. As of this morning, Australia and New Zealand users seem to have avoided the brunt of the attack, with the Federal Government only confirming three reports of Australian companies being affected.  Not …

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The Department Of Homeland Security Proposes New Rules Affecting Federal Government Contractors

This week, the Department of Homeland Security (“DHS”) issued three proposed rules expanding data security and privacy requirements for contractors and subcontractors. The proposed rules build upon other recent efforts by various federal agencies to strengthen safeguarding requirements for sensitive government information.  Given the increasing emphasis on data security and privacy, contractors and subcontractors are …

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Law Firm Data Breaches: Big Law, Big Data, Big Problem

The Year of the Breach 2016 was the year that law firm data breaches landed and stayed squarely in both the national and international headlines. There have been numerous law firm data breaches involving incidents ranging from lost or stolen laptops and other portable media to deep intrusions exposing everything in the law firm’s network. …

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President Donald J. Trump – What Lies Ahead for Privacy, Cybersecurity, e-Communication?

Following a brutal campaign – one laced with Wikileaks’ email dumps, confidential Clinton emails left unprotected, flurries of Twitter and other social media activity – it will be interesting to see how a Trump Administration will address the serious issues of privacy, cybersecurity and electronic communications, including in social media. Mr. Trump had not been …

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IP Addresses Constitute Personal Data According to Court of Justice of European Union

In a decision dated 19 October 2016, the Court of Justice of the European Union (CJEU) has provided much needed clarification on a long-standing issue in EU data protection law. A German politician brought an action concerning websites operated by the Federal Republic of Germany that stored personal data, including IP addresses, on logfiles for two weeks.  …

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Espionage and Export Controls: iPhone Hack Highlights New World of Warfare

Last week, researchers at Citizen Lab uncovered sophisticated new spyware that allowed hackers to take complete control of anyone’s iPhone, turning the phone into a pocket-spy to intercept communications, track movements and harvest personal data. The malicious software, codenamed “Pegasus,” is believed to have been developed by the NSO Group, an Israeli company (whose majority …

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Location Data Gathering Under Europe’s New Privacy Laws

The rise in popularity of apps and services that use location data (technology that pinpoints a consumer’s location automatically), like the smash-hit Pokémon Go, have EU privacy regulators calling on companies to ‘mind the gap.’ The much-anticipated General Data Protection Regulations (the “GDPR), as well as other EU privacy laws, aim to tighten up the …

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Guidance on Ransomware Attacks under HIPAA and State Data Breach Notification Laws

On July 28, 2016, US Department of Health and Human Services (HHS) issued guidance (guidance) under the Health Insurance Portability and Accountability Act (HIPAA) on what covered entities and business associates can do to prevent and recover from ransomware attacks. Ransomware attacks can also trigger concerns under state data breach notification laws. What Is Ransomware? …

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Pokémon Go – Staying Ahead of Game and Avoiding Unexpected HIPAA Risks

It was inevitable – Pokémon Go fever has swept the nation, and now little cartoon creatures have found their way into your health care facility. Wait, what!? Yes, you read that right, those pesky (or beloved, depending on your point of view) creatures are popping up literally everywhere, and unfortunately hospitals and other health care …

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