Archives: Data Privacy

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Health Care Organizations Have Highest Costs for Data Breaches

As readers of this blog know, data breaches in the health care industry are all too common. Healthcare organizations are an attractive target for hackers because of the nature and amount of personal information that they possess. Therefore, it is perhaps not surprising that healthcare organizations have the highest costs associated with data breaches. They … Continue Reading

States Struggle with Regulating Risks Associated with College Closures

Based on an unprecedented number of college closures, along with complex demographic challenges showing continued reductions in the number of college-aged students, states are struggling to determine how to best protect both students and college employees. Currently, most states have been reactive, and have only taken action after a college has announced its intention to … Continue Reading

OIG Issues Alert to Warn of ‘Free’ Genetic Testing Scams Seeking to Steal Information

On June 3, 2019, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a fraud alert to notify consumers about genetic testing fraud schemes (the Alert). According to the OIG, fraudulent actors are using the provision of free genetic testing kits to obtain Medicare information from unwitting consumers, and then … Continue Reading

The WhatsApp Hack – Practice Good Phone Hygiene and Update Your Apps

WhatsApp, the popular instant messaging app announced a hack and the exposure of a security flaw this week. The flaw injected malware onto users’ phones, potentially exposing their otherwise encrypted data and messages. WhatsApp allows users to instant message and make phone calls throughout the world. The app features described on its website include simple, … Continue Reading

Another California Consumer Privacy Act of 2018 Amendment—Employees and/or Job Applicants Are Not Consumers

A few weeks ago, I pondered whether the California Consumer Privacy Act of 2018 (CCPA) is still a bit of a work in progress with the introduction of a proposed amendment. Recently, another amendment was proposed by Assembly Member Edwin Chau in the form of Assembly Bill 25. Assembly Bill 25 would exclude employees and … Continue Reading

Federal Privacy Law – Could It Happen in 2019?

This was a busy week for activity and discussions on the federal level regarding existing privacy laws – namely the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). But the real question is, could a federal privacy law actually happen in 2019? Cybersecurity issues and the possibility of a … Continue Reading

Data Mining Shaping The Global Political Climate

The 2016 U.S. Presidential election demonstrated the importance of digital campaigning. President Trump’s campaign was vastly outspent by Hillary Clinton’s campaign, and placed little emphasis on traditional ground-game tactics. Instead, Trump focused his campaign on digital strategies to target “persuadable voters” via social media. The outcome of the election demonstrated the efficacy of this strategy; … Continue Reading

Behavioral Biometrics: Constructing the Digital You

During WWII, Morse Code was an indispensable asset that allowed the allies to transmit sensitive information over long distances with great accuracy. However, it contained an obvious, and potentially fatal, flaw — it provided no built in mechanism for identifying the sender of the messages. In order to combat this, U.S. intelligence officers implemented a … Continue Reading

Privacy Concerns Lead OSHA to Rescind its Electronic Filing Requirement

In response to concerns raised by employers and to protect worker privacy, the Occupational Health & Safety Administration (OSHA) recently amended its recordkeeping regulations to eliminate the requirement that larger employers submit certain information electronically. The final rule rescinds the mandate that establishments with 250 or more employees had to electronically submit information from OSHA Form … Continue Reading

CCPA Part 2 – What Does Your Business Need to Know? Consumer Requests and Notice to Consumers of Personal Information Collected

This week we continue our series of articles on the California Consumer Privacy Act of 2018 (CCPA). We’ve been discussing the broad nature of this privacy law and answering some general questions, such as what is it? Who does it apply to? What protections are included for consumers? How does it affect businesses? What rights … Continue Reading

California AG’s Office Begins CCPA Rulemaking Process with Series of Public Forums

On January 8, 2019, the California Department of Justice hosted the first in a series of six public forums on the California Consumer Protection Act (CCPA). The forums offer the public an opportunity for comment in advance of the drafting of regulations by the state Attorney General’s office. These regulations are seen as being particularly … Continue Reading

Data Privacy and Security in the Cannabis Industry

In November, cannabis won big in the midterm elections–in Michigan, the legalization of recreational cannabis passed, the legalization of medical cannabis passed in Utah and Missouri, and several states elected governors who back legislation for legalization of cannabis. Now, there are 33 states that allow some form of medical marijuana and 10 states (plus D.C.) … Continue Reading

Fourth Circuit Expands Title IX Liability for Harassment Through Anonymous Online Posts

The Fourth Circuit recently held that universities could be liable for Title IX violations if they fail to adequately respond to harassment that occurs through anonymous-messaging apps. The case, Feminist Majority Foundation v. Hurley, concerned messages sent through the now-defunct app Yik Yak to the individual plaintiffs, who were students at the University of Mary … Continue Reading

SSD Hardware and BitLocker Encryption

Security researchers at Radboud University in the Netherlands have discovered a flaw in several manufacturers’ solid state hard drive firmware that can be exploited to read data from self-encrypting drives (SED). The researchers published their findings in a paper on November 5th. The authors identified several methods they were able to use to bypass hardware … Continue Reading

Apple CEO Calls for Comprehensive US Privacy Laws

Tim Cook, Apple CEO, recently delivered the keynote address for a privacy conference, attended by policy experts and European Union (EU) lawmakers in Brussels, Belgium, where he advocated for new data privacy laws in the United States, similar to the EU’s General Data Protection Regulation (GDPR). Cook said that modern technology has led to the … Continue Reading

Amended California Privacy Law Sent to Governor for Signature

We have previously reported on the anticipated impact of the new California Privacy Law—the California Consumer Privacy Act (“the Act”) [view related post]. The first amendment to the Act, (most likely be the first of many amendments) recently obtained approval from state lawmakers and is on its way to Governor Jerry Brown for signature. The … Continue Reading

Industry Groups Push for Modifications to California Consumer Privacy Act

As previously detailed, the California Consumer Privacy Act of 2018 was hastily passed by the California legislature as a compromise designed to avoid a more far-reaching ballot initiative. Recognizing the need to clarify various drafting errors, the drafters are currently working on Senate Bill 1121, intended to clarify certain provisions of the Act and to … Continue Reading

MLB to Use Biometrics to Replace Traditional Ticketing

Traditional tickets (paper, that is) have already been replaced with mobile tickets for many Major League Baseball (MLB) stadiums across the country, but now, MLB has teamed up with CLEAR, which provides biometric authentication, to implement biometric ticketing at select stadiums. CLEAR will allow baseball fans to use their fingerprints, and eventually facial recognition, to … Continue Reading
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