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|Managing Sensitive Personal Data Collected And Used By Businesses: Privacy/Data Security Principles To Reduce The Risk Of Data Compromise|
Thomas J. Kelley; McGrath North Mullin & Kratz, PC LLO;
February 26, 2016, previously published on First Quarter 2016The Federal Trade Commission (FTC) in its recent publication “Start with Security: A Guide for Business” (Guide) noted that from personal data on employment applications to network files with customers’ credit card numbers and social security numbers, sensitive information...
|Privacy Shield Replaces EU-US Data Transfer Agreement|
Kenneth Mullen; Withers Bergman LLP;
February 11, 2016, previously published on February 3, 2016The EU and US have agreed a new arrangement, labelled the 'Privacy Shield', to enable the transfer of data between both regions. The new agreement replaces the 'Safe Harbour' deal, which was struck down by the European Court of Justice in October 2015.
|Wendy’s is the Latest Company to Experience a Data Incident|
Sherri Krause; McDonald Hopkins LLC;
February 11, 2016, previously published on February 2, 2016Wendy’s is the latest to experience a data security incident and currently is investigating possible breach of its point of sale system resulting in the theft of customer credit and debit card information. Wendy’s states it received notice in January 2016 from payment industry contacts...
|EU-US Data Transfer Safe Harbor Ruled Invalid|
Nicholas Beermann; Fisher & Phillips LLP;
November 4, 2015, previously published on October 7, 2015In a decision sure to have widespread implications for over 4,500 US companies doing business in Europe and anyone else who accesses data from the continent, the European Court of Justice ruled yesterday that the 15 year-old data-sharing arrangement known as “Safe Harbor” is invalid.
|7 Tactics for Winning the Cyber War, Part 4: Identify and Protect Critical Cyber Assets|
Richik Sarkar; McDonald Hopkins LLC;
October 29, 2015, previously published on September 30, 2015To minimize your cyber risk, it is important to have a clear understanding of what critical information and assets you possess, how they are maintained, and what can be accessed.
|Supreme Court Upholds Affordable Care Act Rule Authorizing Health Subsidies in States with Federal Exchanges|
Robert P. Charrow; Greenberg Traurig, LLP;
June 29, 2015, previously published on June 25, 2015Today, in King v. Burwell, the Supreme Court in a 6-3 decision authored by the Chief Justice upheld the IRS Regulation (“the Regulation”) that provided subsidies under the Affordable Care Act (ACA) to individuals in States with only federally established - as opposed to State...
|Regulatory Guidance For Safeguarding Personal Information|
Bradley J. Freedman; Borden Ladner Gervais LLP;
June 26, 2015, previously published on June 24, 2015On June 10, 2015, the Office of the Privacy Commissioner of Canada issued Interpretation Bulletin - Safeguards to provide non-binding guidance for compliance with statutory obligations to safeguard personal information. The guidance provided by the Interpretation Bulletin is timely in light of the...
|Connecticut Supreme Court Affirms No Coverage for Lost Tapes Absent Publication of Data|
Joseph F. Bermudez, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 28, 2015, previously published on May 19, 2015In Recall Total Information Mgmt., Inc. v. Federal Ins. Co., SC19201 (Conn. May 18, 2015), the Connecticut Supreme Court held that where there was no factual support that anyone ever actually accessed private information stored on lost data tapes, the policyholder’s assignee could not...
|President Obama’s New Data Privacy Agenda|
James J. Giszczak, Sara H. Jodka, Dominic A. Paluzzi; McDonald Hopkins LLC;
April 15, 2015, previously published on January 14, 2015President Obama recently spoke to the Federal Trade Commission about his privacy and data security agenda. The agenda included a series of voluntary partnerships, but the cornerstone was two privacy acts that will soon be sent to Congress: The Personal Data Notification and Protection Act and the...
|Data monetization: CPO’s new big challenge|
Chantal Bernier; Dentons Canada LLP;
April 15, 2015, previously published on January 29, 2015 What I would like to do today is facilitate a discussion among us rather than simply present. Why? Because the issue of data monetization and its privacy implications is still unfolding. So I believe it is more useful at this point for us to think about it together, than to individually propose...