Privacy & Security Law Blog

Privacy & Security Law Blog

Legal Commentary and Resources for the Payment Industry

Insight & Commentary on Information Management and Protection

Developments & Commentary

164310488Cybersecurity Legislation Focuses on Federal Government Initiatives – Leaves Private Sector Reforms for 2015

One of the few things the parties in Congress can agree upon these days is cybersecurity – at least when it comes to directing the federal government’s cyber activities.  In its final days, the 113th Congress reached agreement on several major pieces of legislation intended to improve the nation’s cybersecurity: ...

health care iconsAdvisory Alert: Latest HIPAA Settlement

 Compliance is an Ongoing Process The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) issued its first settlement under new OCR Director Jocelyn Samuels earlier this month. This latest settlement serves as a reminder that a successful privacy and security compliance program is an ongoing process. Samuels’ ...

FCC LogoState AGs Looking to Crack Down on Telemarketers Press FCC and FTC

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law enforcement crack down on telemarketing practices. Recently, the FCC issued a public notice seeking comment on a request by ...

QuestionnaireAdvisory Alert: Refill Reminders and the TCPA

The Telephone Consumer Protection Act (“TCPA”) presents another challenge as health care providers continue to engage patients and seek to meet Meaningful Use reminder objectives. Over the past year, there have been several class action suits alleging pharmacies’ prescription refill reminders violated TCPA. One federal trial court recently opined that ...

websiteIs Your Website Ready for California’s “Minor Eraser” Law?

Starting on Jan. 1, 2015, California’s new “Minor Eraser” law goes into effect and allows minors in California to remove content or information that they have posted as a registered user on a website, online service, online application or mobile application (collectively, an “online service”). Does this new law apply to ...

Resources & Updates

congress money2Congress Funds Cybersecurity: Spending Bill Allocates over $1 Billion to Cybersecurity

The final spending bill of the 113th Congress, which keeps the government doors open until September 30th of 2015, was passed by the House on December 11th, the Senate on the 13th, and signed by the President on December 16th. It is a $1.1 trillion omnibus spending bill that will ...

cyber buttonCongress Confirms NIST’s Role in Cybersecurity – and the Continuation of the Cybersecurity Framework

The Cybersecurity Enhancement Act of 2014 (CEA) was passed by the House and the Senate on December 11th, and signed by the President on the 18th. The bill formalizes the role of the National Institute for Standards and Technology (NIST) in continuing to develop the voluntary Cybersecurity Framework. Through five ...

164310488Congress Passes Cybersecurity Workforce Legislation

The Border Patrol Agent Pay Reform Act of 2014 was passed by the Senate on September 18th, by the House on December 10th, and signed by the President on December 18th. It contains provisions from the Cybersecurity Workforce Recruitment and Retention Act of 2014, which allows the Secretary of the ...

red congressCongress Passes The Federal Information Security Modernization Act of 2014: Bringing Federal Agency Information Security into the New Millennium

The Federal Information Security Modernization Act of 2014 (FISMA) was passed by the Senate on December 8th, by the House on December 10th, and by the President on December 18th. It is a comprehensive bill intended to bring federal agency information security practices into the new millennium – to better ...

LockcyberCongress Passes the National Cybersecurity Protection Act: Codifies National Cybersecurity Center & Creates Federal Agency Data Breach Notification Law

The National Cybersecurity Protection Act of 2014 (NCPA) was passed by the House on December 8th, by the Senate on December 10th, and signed by the President on December 18th. Senate Committee on Homeland Security and Governmental Affairs Chairman Tom Carper (D-Del.) issued the following statement regarding the NCPA: "Cybersecurity ...