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Review of Telecom/Media Industry Comments to FTC’s Privacy Framework

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Written by Stu Eaton Our ongoing effort to summarize the comments (see post here) filed in response to the FTC’s Privacy Framework continues this week as we focus on the Telecommunications and Media industry.  The bulk of the comments came from the telecommunications industry, including key players such as AT&T, Verizon, the National Cable and… Continue Reading

TripAdvisor Victim of Email Theft

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This was in my email box this morning: To our travel community: This past weekend we discovered that an unauthorized third party had stolen part of TripAdvisor’s member email list. We’ve confirmed the source of the vulnerability and shut it down. We’re taking this incident very seriously and are actively pursuing the matter with law… Continue Reading

Privacy Compliance and Data Protocols Seminar – 3/23

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For readers in Boston, we are hosting a free breakfast seminar on Wednesday, March 23rd.  We’ll discuss current issues in the privacy and security world, including a look at 201 CMR 17.00 – one year later.   If you are considering obtaining data breach and/or cyberliability insurance, my partner, Nancy Adams, will discuss the ins and outs of… Continue Reading

Another view of the Williams-Sonoma “Zip Code Case”

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We’ve been writing extensively on the decision out of California in Pineda v. Williams-Sonoma and collection of zip codes in credit card transactions.    Our colleagues on the West Coast have published a new advisory that makes interesting reading.

Sophisticated Cyber Attack Hits Security Giant RSA – UPDATE

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Updated to add link to Wired article Wired’s Threat Level blog has posted an extensive article on the RSA hacking incident, including the list form EMC to customers of what precautions they should take.   This is an important reiteration of basic security precautions for ANY company — whether or not it is an EMC customer.  Among… Continue Reading

2010 Annual Ponemon Study on Cost of Data Breaches

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The 2010 Ponemon Institute study on the cost of data breaches has been released.    The numbers are eye-opening.   The average total cost per reporting company in the study was $7.2 million per breach — the most expensive data breach cost $35.3 million and the least expensive breach cost $780,000.   Costs were incurred in the usual… Continue Reading

FTC Privacy Framework: Comments from the Retail/Promotion/Advertising Industry

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Written by Stu Eaton In our continuing effort to summarize the more than 400 comments posted in response to the FTC’s Privacy Framework, we have organized our summaries into the following five industry groups: Retail/Promotion/Advertising; Software/Technology; Telecommunications/Media; Privacy Advocates/Government; and Financial Services/General Business. This week we reviewed the comments posted by companies and trade groups… Continue Reading

Blogging from HIMSS11

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Dianne Bourque and Ellen Janos will be providing commentary over the next couple of days from the Healthcare Information and Management Systems Society (HIMSS) conference in Orlando.   If you are at HIMSS, please stop by and say hello – Mintz Levin is at Booth 639.  Stay tuned!

Discussion about “Privacy by Design”

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“Privacy by Design,” is a concept introduced by Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian, way back in the 90’s.  Privacy by Design advances the view that the future of privacy cannot be assured solely by compliance with legislation and regulatory frameworks; rather, privacy assurance must ideally become an organization’s default mode of operation.  It was… Continue Reading

FTC Offers Tips for Dealing with Medical Identity Theft

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Written by Dianne Bourque The Federal Trade Commission has released a series of medical identity theft FAQs for health care providers and health plans.  The FAQs contain resources for patients and a variety of practical tips that are intended to help health care providers and insurers minimize risk to patients and assist those who become victims… Continue Reading

Privacy Lawsuit Against Data Aggregator Spokeo Dismissed

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Written by Julia Siripurapu The practices of online data aggregator and broker Spokeo, Inc. (“Spokeo”) have come under the scrutiny of consumers and consumer privacy advocates for a while now, and have been on the FTC’s radar since at least last summer when the Center for Democracy and Technology filed a complaint against Spokeo with… Continue Reading

Job Applicant’s Right to Privacy Not Violated By Disclosure of Juvenile Records to Job Recruiter

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Written by Martha Zackin Joseph Van Zee wanted to be all he could be – so he joined the Army.  After the Army recruiter discovered that Van Zee had a juvenile criminal record, his enlistment was cancelled.  Van Zee responded in the American way- he sued, alleging that his Fourteenth Amendment privacy rights were violated… Continue Reading

The Roll Call of Horrors — Health Information Breaches

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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

SCOTUS Speaks — Privacy Implications of Employment Background Checks

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Employers 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

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Today 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

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My 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

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Canadian 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

Arizona Hospital Workers Fired for Inappropriately Accessing Shooting Victim Records

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Written 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

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Just 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”

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Happy 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

Happy Holidays!!

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Happy Holidays from all of us at Privacy and Security MATTERS!   Click here for our Season’s Greeting e-card.