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|Five Lessons from OCR’s Report to Congress on Breaches and HIPAA Rules Compliance|
Dianne J. Bourque, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 20, 2014Last week, the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured Protected Information (Breach Report); and (ii) the Annual Report to Congress...
|Net Neutrality in Europe and the US: Swimming against the Tide?|
Dentons Canada LLP;
July 3, 2014, previously published on June 10, 2014In April of this year, the European Parliament adopted a series of amendments to the European Commission's draft Connected Continent Regulation (the Regulation), which aims to reform the EU's telecoms rules. Amongst the most controversial of the amendments proposed are those dealing with net...
|Calling All Boards of Directors: Four Recommendations from the SEC|
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 13, 2014SEC Commissioner Luis Aguilar recently spoke at the New York Stock Exchange Conference “Cyber Risks and the Boardroom.” In his speech, Commissioner Aguilar emphasized the importance of cybersecurity and how fast the need for cybersecurity has grown in such a short time period, pointing...
|New Florida Data Security and Breach Law Effective July 1|
Jackson Lewis P.C.;
July 3, 2014, previously published on June 26, 2014Businesses that maintain individuals’ confidential, personal information may need to be more alert in protecting this data under the Florida Information Protection Act of 2014, signed into law by Governor Rick Scott.
|Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence|
Matthew D. Levitt; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 25, 2014Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence seized by the government without violating...
|Microsoft and Other Major Technology Companies Push Back Against Warrant to Access Data Held on Foreign Servers|
Lawrence R. Freedman, Ari Z. Moskowitz, Mark E. Schreiber; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 26, 2014A dispute between Microsoft and the U.S. government over a search warrant could have major repercussions for cloud service providers. Historically, European data privacy and protection standards have been stricter generally speaking than those in the U.S. The "Safe Harbor" arrangement...
|Major Amendments to Florida Breach Notification Statute: Unique Requirements and Short Deadlines Take Effect July 1|
Theodore P. Augustinos, Karen L. Booth, Mark E. Schreiber, Thomas J. Smedinghoff; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 2014Florida Governor Rick Scott recently signed the Florida Information Protection Act of 2014 (SB 1524, the “Act”) into law, amending Florida’s breach notification statute effective July 1, 2014. The amendments are significant, including the first statutory requirement to provide...
|FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media|
Loeb Loeb LLP;
July 1, 2014, previously published on June 2014In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the monitoring of third-party online posts. Although the guidances,...
|You Can Stay Anonymous: SCC Recognizes a Privacy Interest in Protecting Anonymity on the Internet|
Roland Hung, Charles S. Morgan; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 22, 2014On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity...
|Employer’s Potential Liability in Class Action for Employee’s Breach of Privacy A Good Reminder For All|
Ryley Mennie; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 25, 2014A recent decision of the Ontario Superior Court of Justice highlights the increasing focus on (and potential liability arising from) customers’ and clients’ privacy rights and the importance for employers to properly monitor the activities of their employees. Additionally, while the...