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|Is Data Breach Litigation a Continuing Threat?|
Charles E. Harris, Robert J. Kriss, Jeffrey P. Taft; Mayer Brown LLP;
July 27, 2010, previously published on July 12, 2010On June 25, 2010, a federal court in New York granted summary judgment dismissing consumer class action claims against Bank of New York arising from the loss of unencrypted computer back-up tapes. Hammond v. The Bank of New York Mellon Corp., Case No. 1:08-CV-06060 (S.D.N.Y. June 25, 2010); 2010 WL...
|Australian Privacy Commissioner Concludes Google Breached Privacy Act|
Jillian Collins; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 27, 2010, previously published on July 13, 2010Australian Privacy Commissioner Karen Curtis has concluded her investigation into Google's collection of unsecured WiFi payload data in Australia using Street View vehicles and finds that such collection violated Australian law.
|HIPAA Privacy, Security, and Enforcement Rules Modified Under the HITECH Act|
Shane M. McGee; SNR Denton;
July 27, 2010, previously published on July 13, 2010On July 8, 2010, the U.S. Department of Health and Human Services ("HHS") issued a notice of proposed rulemaking on Modifications to the HIPAA Privacy, Security, and Enforcement Rules Under the Health Information Technology for Economic Clinical Health Act ("HITECH Act") (the...
|FTC Again Delays Enforcement of Identity Theft Red Flag Rules|
Ellen Luepke Layton, Laura D. Seng; Barnes & Thornburg LLP;
July 27, 2010, previously published on July 13, 2010The Federal Trade Commission (FTC) has again delayed enforcement of its identity theft Red Flags Rule (the Rule) through Dec. 31, 2010, while Congress considers legislation to determine the types of businesses that are covered by the Red Flags Rule.
|HHS Issues Security Guidance on Risk Analysis|
Michael Smith; Strasburger & Price, LLP;
July 27, 2010, previously published on July 12, 2010 As discussed in a prior edition of Health Industry Online, the enactment of the American Recovery and Reinvestment Act of 2009 (ARRA), and more specifically, Title XIII of the ARRA, known as the Health Information Technology for Economic and Clinical Health Act (HITECH Act) has caused many health...
|Irish Government Challenges Adequacy Level of Data Protection in Israel|
Hunton Williams LLP;
July 26, 2010, previously published on July 9, 2010On July 6, 2010, the Irish government formally objected to the adequacy procedure initiated by the European Commission that would have allowed the free flow of European personal data to Israel, over concerns of the possible use of the information by Israeli officials. This political move follows...
|UK Updates Guidance for Data-Protection Legislation with Online Code of Practice for Personal Information|
Jonathan P. Armstrong; Duane Morris;
July 26, 2010, previously published on July 12, 2010On July 7, 2010, the UK's Information Commissioner's Office (ICO) issued its new Code of Practice on handling personal information online. The Personal Information Online Code of Practice aims to update guidance on UK data-protection legislation reflecting the new online world, including social...
|E-Discovery and Litigation Holds: The Ever Increasing Duties Imposed on Litigants|
Grahmn N. Morgan; Dinsmore & Shohl LLP;
July 23, 2010, previously published on July 9, 2010Advances in technology over the last decade have changed the way that companies communicate with customers, with clients and with each other. Rather than making phone calls or sending letters, employees today, armed with lap tops and the latest hand held devices, zip off unprecedented numbers of...
|HHS Announces Notice of Proposed Rulemaking Modifying HIPAA Privacy, Security and Enforcement Rules under the HITECH Act|
Holly Carnell, Kimberly J. Kannensohn, Julie Ann Sullivan; McGuireWoods LLP;
July 23, 2010, previously published on July 12, 2010On July 8, 2010, the Department of Health and Human Services (HHS) held an audio conference to announce a new notice of proposed rulemaking (NPRM) issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and...
|Corporation Counsel Privilege Blown By Attorney's Inactive Status|
Michael P. Coakley; Miller, Canfield, Paddock and Stone, P.L.C.;
July 22, 2010, previously published on July 8, 2010In what will be a cold shower for many businesses and their in-house counsel, a New York federal court has held that a General Counsel's taking inactive status in his state bar association exposed all his client communications to discovery by the opposing side in pending litigation (Gucci America...