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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

Issues Concerning Medical Identity Theft

Contributed by Lena Thomas, 3L Roger Williams University Law School Whenever a large data breach occurs in the healthcare industry, such as the Anthem Blue Cross Blue Shield breach this past winter, some news stories always seem to focus on the strange medical catastrophes that could result—like going to an emergency room with acute appendicitis … Continue Reading

Privacy Policy of Mobile Apps: No Standard for Transparency

Contributed by Evan D’Abrosca, West Warwick, Rhode Island, 3L Roger Williams University Law School In the standards set by the California Online Privacy Protection Act (CalOPPA) to developers of websites and mobile applications, websites and apps have to have their privacy policy clearly labeled, properly displayed, easy to read, and transparent for the user. All … Continue Reading

The Data Breach Notification That Cried Wolf: How Connecticut’s Overbroad Data Breach Notification Statute Undermines the Effectiveness of Consumer Protection

Contributed by Jackson Raymond Schipke, Connecticut, 3L Roger Williams University Law School Connecticut’s data breach statute is a wolf in sheep’s clothing. That statute’s definition of “breach of security” is overbroad, encourages over-notification, and undermines the goal of protecting consumers from identity theft. In Connecticut, notification is triggered by mere access of personal information, a … Continue Reading

Limited Legal Remedies for Injured Consumers: A Critical View of How Privacy Laws Have Failed Those They Claim To Protect

Contributed by William C. Burnham, Monmouth County, New Jersey, 2L Roger Williams University Law School A common motif in privacy law is the overarching concern for “consumer protection.” Curiously, these laws offer extremely limited avenues of recovery for individual consumer-victims of a data breach. Generally, most state data breach laws (and overlapping sector-specific federal laws) … Continue Reading

Damned If You Do, Damned If You Don’t: Why The FTC’s Lack of Privacy Regulations May Lead Some Businesses To Abandon Best Data Protection Practices

Contributed by Kayla O’Connor, Middleboro, Massachusetts, 3L Roger Williams University Law School I chose to write my privacy law paper on the FTC and its seemingly limitless enforcement authority. Specifically, I argued that the FTC’s lack of clear regulations makes it difficult, if not impossible, for companies to be sure that their data protection systems … Continue Reading

Warrantless Searches of Text Messages: Big Brother in 160 Character Installments

Contributed by Jeremy Rix, Warwick, Rhode Island, 3L Roger Williams University Law School The modern Fourth Amendment jurisprudence surrounding warrantless searches of text messaging is varied and evolving, including issues currently facing Rhode Island and the rest of the nation. My paper focused primarily upon comparing the reasoning of the Rhode Island Supreme Court in … Continue Reading
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