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|Heartland Payment Systems Enters into its Third Settlement Agreement Arising from 2008 Data Breach|
Kevin Khurana; Proskauer Rose LLP;
June 1, 2010, previously published on May 24, 2010Nearly two years after Heartland Payment Systems, Inc. (“Heartland”) experienced one of the largest customer data security breaches in history, it entered into its third settlement agreement with a card company. (In addition to its settlements with card companies, on April 30, 2010...
|Federal Court Dismisses Lawsuit Alleging HITECH Violates Privacy Rights|
Kathie M. McDonald-McClure; Wyatt, Tarrant & Combs, LLP;
May 27, 2010, previously published on May 24, 2010On May 13, 2010, the United States District Court for the Southern District of New York rejected the privacy challenge to the Health Information Technology for Economic and Clinical Health Act (HITECH Act) asserted by Beatrice M. Heghmann, a registered nurse, and Robert A. Heghmann, her husband and...
|Title II of the Genetic Information Nondiscrimination Act Goes Into Effect November 21, 2009|
Philip R. Voluck; Kaufman Dolowich Voluck & Gonzo LLP;
May 27, 2010On November 21, 2009, Title II of the Genetic Information Nondiscrimination Act ("GINA") goes into effect. GINA will prohibit employers' use of genetic information, restrict employers' acquisition of genetic information, and strictly limit disclosure of genetic information.
|"Red Flag" Warning For Businesses To Fight Identity Theft: June 1 Deadline for Compliance with Federal Regulations|
Anthony Martin; Husch Blackwell LLP;
May 27, 2010, previously published on May 19, 2010The Federal Trade Commission (FTC) and other federal agencies issued a “Red Flag” that requires most businesses to proactively combat the risk of identity theft and protect the personal information of customers, clients and employees. The federal regulations require businesses to...
|Update on Red Flags Rules: Approaching June 1 Deadline|
Thomas A. Cohn, Grace H. Lee; Venable LLP;
May 26, 2010, previously published on May 2010Many independent schools already received this summary of the Federal Trade Commission's(“FTC's”) Red Flags Rules ("the Rule"), and have implemented an Identity Theft Program ("Program"). With the June 1, 2010 deadline for compliance rapidly approaching, independent...
|House Releases Discussion Draft of Privacy Legislation|
Howard W. Waltzman; Mayer Brown LLP;
May 25, 2010, previously published on May 18, 2010On May 4, 2010, Representative Rick Boucher (D-VA), the Chairman of the House Subcommittee on Communications, Technology, and the Internet, and Cliff Stearns (R-FL), Ranking Republican Member of the Subcommittee, released a discussion draft of privacy legislation. The draft proposes comprehensive...
|Hague Conference Adopts Paper on Privacy and Data Protection|
Hunton Williams LLP;
May 24, 2010, previously published on May 18, 2010At a meeting held April 7-9, 2010, the Council on General Affairs and Policy of the Hague Conference on Private International Law adopted a document entitled 'Cross-Border Data Flows and Protection of Privacy' that outlines the organization's possible future work in the area of privacy and data...
|Red Flags Rule Scheduled to Take Effect June 1, 2010|
David N. Anthony; Troutman Sanders LLP;
May 21, 2010, previously published on May 17, 2010After four extensions in its enforcement date, the Red Flags Rule (the “Rule”) is scheduled to take effect on June 1, 2010 for creditors and other financial institutions subject to enforcement by the Federal Trade Commission. The most recent extension occurred on October 30, 2009, when...
|HHS Official Reports Uptick in HIPAA Security Rule Enforcement|
Hunton Williams LLP;
May 21, 2010, previously published on May 14, 2010David Holtzman, a health information privacy specialist at the Office for Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”), stated at a health privacy conference on May 11, 2010, that OCR has been “vigorously” enforcing the Security...
|Is Your Company Complying with the "Red Flags" Rule?|
D. Brock Denton, Jonathan M. Hiltz, Julie T. Muething; Keating Muething & Klekamp PLL;
May 20, 2010, previously published on May 12, 2010Every year identity theft costs businesses millions of dollars. As you may be aware, the recently adopted Red Flags Rule requires a broad range of businesses and organizations to implement written Identity Theft Prevention Programs designed to detect warning signs — or “red...