In honor of Data Privacy Day, we’d thought we’d let you know about some of the latest breach notices posted to the Health and Human Services public notice website. Remember, these are all breaches of protected health information (PHI) and involve the information of more than 500 patients…… A computer containing PHI was stolen… Continue Reading
Monthly Archives: January 2011
SCOTUS Speaks — Privacy Implications of Employment Background Checks
Posted in UncategorizedEmployers in the public and private sector should take note of the path taken last week by the U.S. Supreme Court, addressing a privacy challenge to a background check by government contractor employees. The case, NASA v. Nelson (“NASA”), overturned a Ninth Circuit Court of Appeals ruling holding that certain questions in a background check… Continue Reading
Data Privacy Day 2011
Posted in UncategorizedToday is Data Privacy Day 2011 – we’ll be blogging throughout the day with data security tidbits and information that you can use to keep data security and data protection front of mind through 2011.
On Data Privacy Day: Another Reason to Look Over Your Employee Handbooks and Communications Policies
Posted in UncategorizedMy colleagues, Mitch Danzig and Brandon Willenberg have authored an advisory about a court ruling in favor of employers (relatively rare) in California. The California Court of Appeal recently issued such a ruling in Holmes v. Petrovich Development Company, LLC, et al, regarding employee privacy rights with respect to the use of the employer’s computer… Continue Reading
Canada’s Privacy Commissioner’s Data Privacy Day Message
Posted in UncategorizedCanadian Privacy Commissioner Jennifer Stoddart issued a statement urging individuals to take privacy into their own hands. “There are nearly two billion people now using the Internet. That’s two billion people who can potentially access information about you with the click of a button.” An article in the Vancouver Sun discusses Stoddart’s statement and… Continue Reading
FTC Extends Comment Period – UPDATED
Posted in Data Compliance & Security, Online AdvertisingThe Federal Trade Commission has extended the public comment period on its December 1, 2010 report — FTC Privacy Report. The FTC press release says that, in light of the complex issues raised by the report, a number of organizations have requested an extension of the original January 31, 2011 deadline. Stakeholders now have until February 18,… Continue Reading
It’s Tax Time — Use Caution with those W-2 Forms
Posted in Data Breach, Data Breach Notification, Data Compliance & SecurityWe’ve had several questions lately regarding “mixups” with mailings of W-2 forms, and whether certain situations are really “data breaches.” Some Attorneys General are taking the position that the employer is responsible for providing notice to affected individuals (employees and former employees) and providing the required AG notice letters in the event that tax forms containing personal information… Continue Reading
Arizona Hospital Workers Fired for Inappropriately Accessing Shooting Victim Records
Posted in UncategorizedWritten by Dianne Bourque Once again, a public event has piqued the “curiosity” of hospital employees in violation of HIPAA. The University Medical Center (UMC) at Tucson has fired three administrative staff and a contracted nurse for wrongfully accessing medical records related to the shooting rampage that killed six people and seriously injured Congresswoman Gabrielle Giffords. … Continue Reading
Comparison of Commerce Department and Federal Trade Commission Privacy Proposals
Posted in UncategorizedJust before the end of 2010, both the Commerce Department (here) and the Federal Trade Commission (here) released their agencies’ respective proposals for privacy frameworks in the United States. The reports make similar proposals in some respects, but in others are quite different. We have prepared a comparison report on both. (Thanks to Mintz Levin… Continue Reading
Onward into 2011 – the Commerce Department Privacy “Green Paper”
Posted in UncategorizedHappy New Year to our readers! The Commerce Department and the Federal Trade Commission’s privacy initiatives are proceeding apace in this new year. We’ve prepared a summary of the Commerce Department’s “green paper” that can be read here: Commerce Privacy Report Summary. In the coming days, we will also post a comparison of the Commerce… Continue Reading