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Documents on communications law
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|Recent HIPAA Decisions Suggest State Courts May Look to Federal Regulations to Define Negligence in the Data-Security Context|
Marcus A. Christian, Zachariah J. DeMeola, Evan M. Wooten; Davis LLP;
January 12, 2015, previously published on December 23, 2014A recent decision of the Connecticut Supreme Court signals a growing trend in Health Insurance Portability and Accountability Act (HIPAA) jurisprudence that could prove significant in the broader data-security context.
Although HIPAA contains no private right of action and preempts contrary...
|Drastic Anti-Texting Law Takes Effect in Connecticut; New Jersey Also Under Consideration|
Scott A. Shaffer; Olshan Frome Wolosky LLP;
January 12, 2015, previously published on October 13, 2014On October 1, 2014, an onerous new law took effect in Connecticut (Conn. Gen. Stat. § 42-288a). Telephonic sales calls and text messages that are sent to Connecticut residents without their prior express consent are now subject to an almost unbelievable penalty of $20,000 per violation. That...
|Improving Cybersecurity Against Data Breaches: How Information Governance Paves the Way|
Kelly Friedman; Davis LLP;
January 12, 2015, previously published on November 18, 2014The issue of data breach is not exactly new, but in the past it has been relegated to a niche corner of information technology. Increasingly, however, cybersecurity is becoming a critical priority for businesses as a recent surge of high-profile data breaches hitting victims such as Sony, Target,...
|A Fresh Crop of California Data Privacy Laws|
Julian M. Dibbell, Lei Shen; Davis LLP;
January 12, 2015, previously published on December 23, 2014California recently enacted three bills that expand the state’s online privacy and data security laws. The changes include an expansion of California’s existing data breach law, protections for the personal data of K-12 students and a new law giving minors a limited “right to be...
|EU Sets Sights on Google.com Search Results|
Susan L. Foster; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 10, 2015, previously published on November 27, 2014(LONDON) The highly influential Article 29 Working Party, composed in part of representatives of the EU’s national data protection offices, has announced that the right to be forgotten applies to .com as well as country-specific search results.
|Corrective Action Earns Verizon End to FTC’s FiOS Router Investigation|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
January 10, 2015, previously published on November 14, 2014Corrective action taken by Verizon Communications to fix security issues with its FiOS and DSL routers resulted in the FTC closing its investigation to determine whether Verizon’s distribution of the routers was an unfair or deceptive practice.
|Social Media Policies Revisited: The Facebook “Like” As Protected Activity|
Erin Smith Aebel, Cheri A. Budzynski, James R. Carnes, Douglas A. Cherry, Mechelle Zarou; Shumaker, Loop & Kendrick, LLP;
January 10, 2015, previously published on October 28, 2014The National Labor Relations Board (“NLRB”) continues to expand its reach beyond its traditional role involving unionized workforces. In particular, the NLRB has continued an aggressive campaign begun in 2011 to crackdown on all employer policies governing social media, electronic...
|Internet Startups: Beware of Being a Money Transmitter|
Erin Smith Aebel, Cheri A. Budzynski, Douglas A. Cherry, Regina M. Joseph, Mechelle Zarou; Shumaker, Loop & Kendrick, LLP;
January 10, 2015, previously published on October 31, 2014So, you’ve got a great idea. Social media platforms are all about finding new solutions for old inefficiencies. And what’s more efficient than serving as a platform for an account holder to obtain a single cash payment in exchange for virtual currency he/she/it has received through...
|EU: Article 29 Working Party Publishes Guidance Stating that the ‘Right to Be Forgotten’ Applies to .Com Domains|
Annie Clarke, Sarah Pearce; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 8, 2014We commented on the ‘right to be forgotten’ judgment in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos in May earlier this year. The ruling granted data subjects the right to request search engines to remove links appearing in search results based...
|EU Council of Ministers Makes Progress on the Processing of Data in the Public Sector and the Creation of a “One-Stop-Shop” Mechanism for Resolving Cross-Border Data Protection Complaints|
Sarah Pearce; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 10, 2014The EU Council of Ministers made progress on 4 December 2014 on the draft Data Protection Regulation (the “Regulation”), agreeing a partial general approach on data processing in the public sector. This would allow for some flexibility in the application of the Regulation by each Member...