Massachusetts

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The New York “Stop Hacks and Improve Electronic Data Security Act” (SHIELD Act), N.Y. Gen Bus. Law§ 899-bb, requires businesses that collect private information on New York residents to implement reasonable cybersecurity safeguards to protect that information. While this is a new law in the State of New York, it is simply joining other states,…

New Hampshire Governor Chris Sununu recently signed the New Hampshire Insurance Data Security Law, which “establishes the exclusive state standards applicable to licensees for data security, the investigation of a cybersecurity event…, and notification to the commissioner.” The law is applicable to all persons or entities licensed, authorized to operate, registered or required to be…

In the footsteps of San Francisco’s ban of the use of facial recognition technology, the cities of Somerville, Massachusetts, Oakland, California, and Berkeley, California are considering banning the use of facial recognition technology by municipal agencies. The proposed ban is in the midst of more and more cameras and smart technology being used for traffic…

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…

Two law firms were among the latest victims of the GozNym malware attack that caused a combined loss of more than $117,000. Law enforcement authorities recently announced the dismantling of a cybercrime network that used this GozNym malware to attempt to steal an estimated $100 million from victims in the United States and around the…

We write about data breaches and privacy issues all the time. We are desensitized in some ways to the fact that our privacy may have been, or will be, compromised and, quite frankly, many people now distrust some of the very companies with which they shared their information. California led the way regarding privacy legislation…

Although the Massachusetts Data Security Regulations went into effect March 1, 2010, I still find that many companies have not implemented a Written Information Security Program (WISP) and don’t know that they are required to do so.

According to the regulations, any companies or persons who store or use personal information of a Massachusetts resident…

According to reports, a Georgia-based physician who previously pleaded guilty to criminal violations of the Health Insurance Portability and Accountability Act (HIPAA) received six months of probation from a Massachusetts federal judge earlier this week.

The physician – a pediatric cardiologist – pleaded guilty in February, 2018 to a misdemeanor count of wrongful disclosure of…

Last week, two Senators, Senator Edward J. Markey of Massachusetts and Senator Richard Blumenthal of Connecticut sent a letter to the Federal Trade Commission (FTC) regarding apps designed for children and whether they are in compliance with the Children’s Online Privacy Protection Act (COPPA), See 15 U.S.C. 6501 and regulations at 16 C.F.R. Part 312 et. seq.  The Senators stated that they are concerned that thousands of apps may “improperly track children and collect their personal information.” The Senators requested a response from the FTC by October 31. The letter also asked that the FTC “investigate whether these apps, and the advertising companies they work with, are in fact tracking children with persistent identifiers and collecting their personal information in violation of COPPA…”
Continue Reading Protecting the Privacy of Children Online – More Updates on COPPA

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 person is covered by the same medical insurance plan, sensitive health care information can be disclosed through the use of these common forms, sometimes including information on sexual assault, domestic violence, mental health disorders, or sexual and reproductive health. When the EOB or SOP is provided to the named policyholder—rather than the specific beneficiary that the services described therein relate to—the beneficiary’s confidentiality can be compromised. 
Continue Reading Massachusetts PATCH Act, Requires Additional Protection for Certain Confidential Health Care Information