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Should Feds Regulate Persistent Identifiers as Personal Information?
Recently, the Federal Trade Commission settled an action it had brought against Nomi Technologies, a provider of “in-store analytics” technology. The fact that the action was brought against Nomi to...
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Is a Uniform Federal Data Breach Law Really Necessary?
In June 2015, the United States Office of Personnel Management announced a massive data breach. Estimates are that the breach compromises the personal information of up to 18 million current, former...
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Somebody’s Watching You: What Are the Rules?
In 1984, Kennedy William Gordy, better known as pop artist Rockwell, released his first and ultimately biggest hit: Somebody’s Watching Me. One can only imagine how Rockwell would have felt if the...
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Cloud Sharing Apps Scrutinized for ePHI
In a relatively short time period, the direct costs of document storage have dropped precipitously, and cloud-based document storage has become ubiquitous. Clearly, this is a wave of the future. But a...
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Neiman Case a Harbinger For Data Breach Cases? Not So Fast
Much has been said in the past couple weeks about the decision by Seventh Circuit Court of Appeals in the case of Remijas v. Neiman Marcus. Some have suggested that the ruling makes it easier to sue...
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The ABCs of COPPA Compliance
In today’s environment – when data breaches seem to be in the news nearly every day – the media, regulators and many others are hyper-focused on privacy issues. Schools and educational institutions are...
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Are Your Directors Talking Enough About Privacy and Data Security?
The number of companies suffering data breaches, and the average cost associated with each incident, continues to rise. According to the Ponemon Institute’s 2014 Cost of Data Breach Study: Global...
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Cybersecurity: How Much is Enough?
The year 2015 may go down in history as the year of the hacker. Though not a new phenomenon, high profile hack-related stories have managed to capture headlines almost every month of 2015. On the eve...
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Just Like Neiman Case, FTC v. Wyndham Decision Not All It’s Cracked Up to Be
Back on July 20 this year, the Seventh Circuit Court of Appeals decided Remijas v. Neiman Marcus, leading a chorus of pundits to declare that case changed everything when it comes to data breach cases,...
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US-China Cyber Deal Big on Promises, Short on Action
In the aftermath of recent cyberattacks attributed to China’s government and citizens, many observers prepared for a rather uncomfortable state visit by Chinese President Xi Jinping last week. Then,...
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Erasure Laws Don’t Equal Right to be Forgotten
We have previously blogged about the “right to be forgotten,” which has gained a substantial foothold in Europe, and which one nonprofit consumer group has urged the Federal Trade Commission to adopt....
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What We Know About BitCoin, and What Is Still Unknown (Part I)
It’s no surprise that, as the way we exchange information continues to evolve at an ever-increasing pace, the way we exchange value is rapidly evolving too. This two-part series explores the Bitcoin...
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What We Know About BitCoin, and What Is Still Unknown (Part II)
In Part I, we gave an overview of Bitcoin and how it’s different from the digital “real currency” that is in widespread use today. In Part II, we’ll ask and answer the question – Is Bitcoin just a...
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HIPAA and Text Messaging
Text messaging is pervasive. Doctors and other health care providers, covered entities, and business associates currently use (and embrace) the technology. Texting is easy, fast and efficient. It...
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How Does Your Terms of Service Agreement Rate?
Online terms of service agreements are the rarely-read but often-mocked daily annoyance of Internet users worldwide. A large (literally) barrier to the immediate gratification of access to online...
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Recognizing the Role and Importance of the CISO
In July of this year, we reported on the Cybersecurity Assessment Tool published by the Federal Financial Institutions Examination Council. The FFIEC is an interagency organization that establishes...
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When it Comes to Privacy Laws, California Leads the Way
California is, by far, the king of states when it comes to privacy laws. California’s constitution is one of only 10 state constitutions that contain an explicit “right to privacy,” recognizing each...
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Cybersecurity Developments at the SEC
In September 2015, the Securities and Exchange Commission took two separate but significant actions related to cybersecurity in the securities industry. Because they occurred so close together, the...
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Hackers Aim Sights on Small Biz
We’ve become accustomed to data breaches. For consumers, data breaches are irritating, can be inconvenient, and sometimes create identity theft issues for those affected. Consumers expect “the big...
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FCC Latest Federal Agency to Chime in on Data Security
In 2015, the Federal Communications Commission joined the chorus of federal agencies seeking to declare its power when it comes to data breaches. In April, the agency made its first foray into the...
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