Monday, April 21, 2014

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BNA INSIGHTS: New HIPAA Regulations: What Liability Risks Loom Under the Expanded Business Associate and Breach Notification Provisions?

The new HIPAA omnibus rule adopted an expanded definition of “business associate” and tightened the standards for notification of breaches of the security of health information…

BNA INSIGHTS: Are Your Company’s Most Valuable Assets and Competitive Advantage at Risk from Key Employee Resignations?

September 14, 2012 in Privacy & Security Law Report · Leave a Comment 

This article focuses on the measures that an employer can take before and after learning of the employee’s resignation that will help safeguard its prized intellectual assets…

BNA INSIGHTS: The FTC v. Google Saga—Episode II: What Lessons for U.S. Businesses?

The Federal Trade Commission recently announced that Google Inc. agreed to a $22.5 million civil penalty to settle FTC claims that the internet search giant circumvented the privacy settings of Apple Inc.’s Safari web browser to allow the tracking of user activity…

Google Agrees to Pay $22.5 Million Penalty, Largest Fine by FTC for Violation of an Order

Google Inc. agreed to a $22.5 million civil penalty to settle FTC claims that the internet search giant circumvented the privacy settings of Apple Inc.’s Safari web browser to allow the tracking of user activity…

FTC Proposes Changes to Children’s Online Privacy Protection Act Rule

The Treasury Department unveiled a long-awaited model agreement July 26 for government-to-government information sharing under the Foreign Account Tax Compliance Act (FATCA).

BNA INSIGHTS: Re-Thinking and Rejecting Social Media “Password Protection” Legislation

The story went viral, and legislators around the country caught the virus. On March 21, the Associated Press reported a few incidents where employers had requested or required login credentials from applicants or employees to access their personal social media accounts. Over the next three weeks, more stories were published; some regurgitating the incidents originally reported by the AP, and others reporting on additional, alleged inquiries.

FCC Launches Mobile Privacy, Security Inquiry to ‘Refresh Record’ on Industry Practices

The Federal Communications Commission has launched a new inquiry to examine the privacy and data security practices of mobile service providers in light of technologies and business practices that have emerged since a related 2007 proceeding.

Supreme Court to Review Second Circuit Decision to Find Standing in Foreign Wiretapping Challenge

The U.S. Supreme Court agreed May 21 to review a federal circuit court’s decision that plaintiffs who reasonably feared the monitoring of sensitive communications and had taken costly measures to avoid such monitoring have standing to challenge the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act (Clapper v. Amnesty Int’l USA, U.S., No. 11-1025, cert. granted 5/21/12).

BNA INSIGHTS: Should You Ask Job Applicants or Employees for Their Social Media Passwords?

Many employers currently look at job applicants’ public profiles on social media sites, such as Facebook, to gain insight into their character and suitability for employment. Now, however, some employers are going a giant step furtherand are asking applicants to provide them with passwords or other means of accessing the private areas of the applicants’ social media accounts.

Proposed MySpace, FTC Settlement Alleges Safe Harbor, Privacy Policy Misrepresentations

Social networking service Myspace LLC agreed to settle Federal Trade Commission claims that it misled millions of users about its privacy policies and made false or misleading representations about its adherence to the U.S.-EU Safe Harbor Framework privacy principles, according to a proposed settlement announced May 8 by the agency (In re Myspace LLC, FTC, File No. 102 3058, 5/8/12).

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