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Massachusetts PATCH Act, Requires Additional Protection for Certain Confidential Health Care Information

Earlier this year, Governor Charlie Baker signed into law an Act to Protect Access to Confidential Healthcare (the PATCH Act), which prevents information regarding “sensitive health care services” from being shared with anyone other than the patient in the form of Explanation of Benefits (EOB) and Summary of Payment (SOP) forms. When more than one … Continue Reading

Data Breach Results in $1.4 Million Theft from CHET 529 College-Savings Accounts

On June 27, 2018, the State of Connecticut Treasurer’s Office announced that about $1.4 million had been stolen from Connecticut Higher Education Trust (CHET) college-savings accounts. This theft resulted from data security breaches that occurred in early June, 2018. Connecticut State Treasurer Denise L. Nappier confirmed that TIAA-CREF Tuition Financing Inc. (TIAA-CREF), the CHET Direct … Continue Reading

General Data Protection Regulation (GDPR) Series, Part #3: GDPR Consent and Fair Processing

The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next several months, several European Union law firms we work very closely with will join us in … Continue Reading

General Data Protection Regulation (GDPR) Series Part #2: The Importance of Self-Assessment

The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next twelve (12) months, several European Union law firms we work very closely with will join us … Continue Reading

General Data Protection Regulation (GPDR) Series Part #1: Introduction and Overview

The General Data Protection Regulation (GPDR) (EU) 2016/679 of April 27, 2016, which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next twelve (12) months, several European Union law firms we work very closely with will join us … Continue Reading

GDPR Effective Date and Geographical Scope of Application

The GDPR will apply as of May 25, 2018. It provides a single set of very innovative rules directly applicable in the entire European Union (EU), without the need for national implementing measures—which means that any personal data processing ongoing at this date shall be in compliance with the GDPR. This leaves one year for … Continue Reading

The Truth in Mac Security

For decades, it has been assumed that MacBook and iPhone devices are hack proof and virus free. Their advertisements and claims for being indestructible were never questioned. Yet, nothing is truly immune to intrusion. Consumers pay a high premium for the slick and glossy Apple devices. Their superior brand has continued to sell and grow … Continue Reading

Global Cybersecurity, Surveillance, and Privacy: The Obama Administration’s Conflicted Legacy

This article courtesy of guest blogger Prof. Peter Margulies of Roger Williams University School of Law. In the wake of Edward Snowden’s disclosures, the United States administration faced a daunting series of challenges on surveillance, cybersecurity, and privacy. Congress was reluctant to enact comprehensive legislation. Moreover, Snowden’s revelations had triggered an international trust deficit. To deal with … Continue Reading

FDA Guidance on Cybersecurity in Medical Devices

On December 28, 2016, the Food and Drug Administration (FDA) issued guidance on Postmarket Management of Cybersecurity in Medical Devices. The guidance clarified aspects of the reporting requirements under Part 806 (21 CFR part 806), which require device manufacturers and importers to report certain device corrections and removals to the FDA. Most actions taken by … Continue Reading

Critical Cyber-Attack on Hospitals Now A Reality- A View From ‘Across the Pond’

Serious trouble for all health and care providers looms large. High risk women in labour and major trauma cases are being diverted to other hospitals after a cyber-attack recently shut down services at a hospital in the East of England, Northern Lincolnshire and Goole Hospitals NHS Foundation Trust. Putting aside why anyone would want to … Continue Reading

Transatlantic Data Transfer: An Update

The EU-US Privacy Shield, designed to protect EU citizens’ personal data when it is transferred to US organisations, has now been in place for a couple of months. How is it shaping up? How we arrived at the Privacy Shield… Under current EU data protection laws, as well as under the forthcoming General Data Protection Regulation … Continue Reading

Pokemon App Developer Sued for Failed Privacy Protections

This article co-authored with guest blogger Leonel Gonzalez, a R+C summer associate and student at Roger Williams University School of Law Niantic Inc. (Niantic), developer of the mobile game “Pokemon GO,” was sued in Florida court on July 27, 2016. The named plaintiff, David Beckman filed the complaint against Niantic claiming the game’s terms of service and … Continue Reading

France’s national data protection commission orders Microsoft to protect is users’ data

This article co-authored with guest blogger Leonel Gonzalez, a R+C summer associate and student at Roger Williams University School of Law An investigation by France’s National Data Protection Commission (CNIL) has found that Windows 10 has been “collecting excessive user data” and has been tracking users’ web browsing without their consent. The CNIL has ordered Microsoft to … Continue Reading

I-9: Ways to avoid identity theft

Employers are increasingly being contacted by individuals, their insurance and payroll providers, the IRS and/or police about employees who are possibly involved in identity theft. If an employee steals a name and matching social security number and has a fraudulent identity document and social security card, this can be very difficult to detect. A strong … Continue Reading

Wendy’s reports over 1,000 restaurants affected by breach announced earlier this year

This article co-authored with guest blogger Leonel Gonzalez, a R+C summer associate and student at Roger Williams University School of Law Back in May of this year, Wendy’s reported “fewer than 300” locations had been hacked by malicious malware that targeted customer credit card information. Last week, Wendy’s released a list of 1,025 restaurant locations that were … Continue Reading

EU-US Privacy Shield for transatlantic data transfers finalized

This article co-authored with guest blogger Peter Wainman, a partner with Mills & Reeve LLP Transfers of personal data from most European countries to the U.S. have been exposed to legal attack since October 2015, when privacy campaigner Max Schrems successfully sued the Irish authorities over data transfers made by Facebook Ireland.  The main objection with … Continue Reading

Privacy Tip #43 – Pokémon players: Beware

This article co-authored with guest blogger Leonel Gonzalez, a R+C summer associate and student at Roger Williams University School of Law Pokémon GO has been downloaded 7.5 million times in the U.S. alone. It has been reported that it has surpassed Twitter. If you are enjoying the game, you should know how it is collecting and using … Continue Reading

Connecticut Legislative Update: Public Act 16-77: An act concerning patient notices, designation of a health information technology officer, assets purchased for the state-wide health information exchange and membership of the state health information technology advisory council

This legislation (P.A. 16-77) makes substantive and technical changes related to Public Act 15-146, a major public health and health care bill passed by the Connecticut Legislature during its 2015 Legislative Session. CONNECTICUT HEALTH INSURANCE EXCHANGE CONSUMER INFORMATION WEBSITE Under current law, Connecticut’s Health Insurance Exchange (HIX) is required, within available resources, to establish and … Continue Reading

FBI reports $3.1 billion lost by businesses through “business email compromise”

This article co-authored with guest blogger David Wang, a R+C summer associate and student at Boston College Law School Wire fraud crime has long been a problem for financial institutions and banks. However, wire fraud through email is a completely different beast. Originally characterized by law enforcement as an extension of traditional wire fraud, wire fraud by … Continue Reading

Madison at Fort Meade: Checks, Balances, and the NSA

This article courtesy of guest blogger Prof. Peter Margulies of Roger Williams University School of Law and originally appeared in the Privacy blog of The Lawfare Institute. When a group of civil society representatives and academics gathered at the NSA this past Thursday, it became clear—to me at least—that the NSA has taken the teachings of James Madison … Continue Reading

Think you’re covered? Think again

This article courtesy of guest blogger Alfonso Nardi, a student at Roger Williams University School of Law Commercial General Liability policies (CGL) typically do not include data protection loss coverage, although some insurers offer additional data protection endorsements. Normally those additional endorsements only cover data losses caused by physical damage. That means, if your employee damages … Continue Reading

Important Issues are yet to be corrected in the Right to be Forgotten

This article courtesy of guest blogger Michael Ferron, a student at Roger Williams University School of Law The recognition by the European Union of a “Right to be Forgotten” has caused much controversy, but seemingly progress is being made. The Right, which entitles Europeans to petition data controllers to prevent harmful information about them from appearing … Continue Reading

Privacy Shield’s prospects: the good, the bad, and the ugly

This article courtesy of guest blogger Prof. Peter Margulies of Roger Williams University School of Law and originally appeared in the Privacy blog of The Lawfare Institute. If the devil is in the details, then the announcement early Monday of the inner workings of the new US-EU data-transfer agreement, Privacy Shield, may lack the granularity the deal needs … Continue Reading

World War C: Cyber Warfare

Contributed by Winthrop Smith, Milford, Connecticut, 3L Roger Williams University Law School State-sponsored hacking occurs when a country funds cyber hacking organizations or groups in order to infiltrate a company’s or government’s cyber system for the sole purpose of stealing personal/sensitive information in the hope of turning a profit, gaining intelligence, or destroying mainframes. Since … Continue Reading
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