Data Privacy and Cybersecurity Posts

Privacy Pointers for Employees of the Teleworking World

Mar 26, 2020

Privacy Pointers for Employees of the Teleworking World

Work got a lot more personal when it moved in with my family. For people used to keeping a healthy divide between their business and personal lives, the new telework dynamic can be particularly stressful. That “healthy divide” can crumble under the weight of quarantine as tiny voices (kids and pets) infiltrate teleconference and video…

Telework: Businesses Need Smart Practices ASAP to Reduce the Threat of Data Security Incidents. Here’s the Quick and Dirty of Smart Practices

Mar 25, 2020

Telework: Businesses Need Smart Practices ASAP to Reduce the Threat of Data Security Incidents. Here’s the Quick and Dirty of Smart Practices

COVID19 is not the only viral threat we face these days. Malware is a very real vulnerability for businesses large and small, among a host of other data security threats.   We have rapidly transitioned to telework. For many (perhaps most) businesses, that transition took place without a clear inventory of hardware leaving the office and…

Allowances Made for COVID-19 Don’t Mean Telehealth Providers and Employers Can Share Protected Information Without Consequences

Mar 23, 2020

Allowances Made for COVID-19 Don’t Mean Telehealth Providers and Employers Can Share Protected Information Without Consequences

COVID-19 has become a pervasive concern for everyone. Older Americans are particularly susceptible to contracting COVID-19. On March 17th, the Trump Administration and the Department of Health and Human Services (HHS) announced the expansion of Medicare beneficiaries’ access to telehealth services during the COVID-19 outbreak. Importantly, the HHS Office for Civil Rights (OCR) announced it…

Data Control of the People, by the People, for the People…

Nov 22, 2019

Data Control of the People, by the People, for the People…

Can the free market weigh in on data privacy and further data privacy rights in way that the law cannot? Can the free market put control over people’s data back in individuals’ hands? Many of us have been waiting for a market solution to address the privacy of personal data. As attorneys, we know from…

Equifax Settlement Teaches The Dos and Dont’s About Data Security

Jul 22, 2019

Equifax Settlement Teaches The Dos and Dont’s About Data Security

It’s been a busy summer for the FTC and the federal agency is dominating the headlines. There is the $5 billion settlement with Facebook for failing to better protect user privacy, which was announced earlier this month. Then there is the multimillion dollar settlement with Google for failing to adequately protect children’s privacy. That was…

The Data Breach Legal Limbo on Consumers’ Ability to Sue Hacked Companies

Jan 16, 2018

The Data Breach Legal Limbo on Consumers’ Ability to Sue Hacked Companies

The first of the year is a good time to make assessments, resolutions and predictions. We have some recommendations for companies that store and process consumer data: It is a good time to assess the strength of your data security measures and resolve to meet industry standards where you fall behind, because we predict continued…

GDPR D-Day: If Not Prepared, It Could Cost You Europe

Sep 26, 2017

GDPR D-Day: If Not Prepared, It Could Cost You Europe

GDPR D-Day: May 25, 2018. If you are not prepared, the results could cost you Europe. In the U.S., we’ve had a pretty business-friendly approach to consumer data protection. And while federal and state authorities have their respective consumer protection laws, there is no single federal law that clearly defines U.S. policy on how consumer…

Can Your Pacemaker Be Hacked?

Jan 4, 2017

Can Your Pacemaker Be Hacked?

Tom Kellermann, CEO of Strategic Cyber Ventures guest co-authored this post. A famous Homeland episode involved a terrorist gaining access to the Vice-President’s pacemaker.  Accessing medical devices to wreak havoc was one of the motivations behind certain provisions of the Digital Millennium Copyright Act (aka the DMCA).  The DMCA makes it “illegal to circumvent technological…

Wells Fargo Learns That Recording Calls In California Can Be Costly

Apr 5, 2016

Wells Fargo Learns That Recording Calls In California Can Be Costly

In the past few years, many organizations such as Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel have faced class actions alleging violations of California’s call recording law.  This week, California’s Attorney General demonstrated that her office, working with state prosecutors, will also vigorously enforce the law under the state’s criminal statutes.  Attorney General…

Latest German Sausage? Privacy-Wurst by Facebook

Mar 10, 2016

Latest German Sausage? Privacy-Wurst by Facebook

Despite not being explicitly mentioned in the Constitution, the Supreme Court has firmly held that a right to privacy for all Americans is found in several amendments to the Constitution, with almost 100 years of case law providing precedent for many personal privacy rights that have become a cornerstone of American culture. However, in this…