Legal Implications of Cloud Computing — Part Two (Privacy and the Cloud)
Last month we posted some basics on cloud computing designed to provide some context and identify the legal issues. What is the cloud? Why is everyone in the tech community talking about it? Why do...
View ArticleCode or Clear? Encryption Requirements (Part 2)
In the last post, I talked about the role of encryption in fashioning a “reasonable” security plan for sensitive personal information and other protected data routinely collected, stored, and used by...
View ArticleHouse Passes Data Accountability and Trust Act (DATA)
On December 8, 2009, the Data Accountability and Trust Act — HR 2221(DATA) moved one step closer to law by passing the House of Representatives. DATA is sponsored by Congressman Bobby Rush (D-IL)....
View ArticleCelebrating Data Privacy from A to Z
In honor of Data Privacy Day and its spirit of education, I thought it might be appropriate (and fun) to celebrate some (but certainly not all) of the A, B, Cs of Data Privacy. Would love to see your...
View ArticleThe Breach Notification Obligations in the Data Accountability and Trust Act
The Information Law Group has been following various Federal data security bills as they wind their way through the House and Senate. In December 2009, the Information Law Group commented on the...
View ArticleHealth Net Agrees to $250,000 Fine and “Corrective Action Plan” to Settle...
It didn’t take long for an Attorney General to latch onto Title XII of the American Recovery and Reinvestment Act of 2009 (a/k/a the Health Information Technology for Economic and Clinical Health Act...
View ArticleThe Privacy Legal Implications of Big Data: A Primer
By now many lawyers and business managers have heard of the term “Big Data,” but many may not understand exactly what it refers to, and still more likely do not know how it will impact their clients...
View ArticleCalifornia Attorney General Files Lawsuit Based on Late Breach Notification
In the first case of its kind (that I am aware of), the California Attorney General’s office filed a complaint against the Kaiser Foundation Health Plan, Inc. (“Kaiser”) alleging a violation of...
View ArticlePayment Card Breaches: Time to Spread the Risk with Mandatory Cyber Insurance
The BIG 2014 security stories concerning the Target, Neiman Marcus and Michaels payment card breaches of have highlighted the significant criminal hacking and fraudulent payment card activity that...
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FAQs Concerning the Legal Implications of the Heartbleed Vulnerability
(Contributors to this post include: Scott Koller, David Navetta, Mark Paulding and Boris Segalis) By now, most of the world is aware of the massive security vulnerability known as Heartbleed (it even...
View ArticleCalifornia Amends Data Breach Notification Law, Does Not Require Mandatory...
California Governor Jerry Brown signed into law an amendment to California’s data breach notification law on Monday. Although at least one news outlet has reported that the law requires a company to...
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