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

FCC Issues Federal Debt Collection Robocall Rules

On August 11, the Federal Communications Commission (“FCC”) issued a Report and Order (“R&O”) adopting rules to implement provisions of the Bipartisan Budget Act of 2015, which amended the Telephone Consumer Protection Act (“TCPA”) to allow autodialed and pre-recorded calls and texts to collect on debts owed to or guaranteed ...

HIPAA Audit Check-Up – Where We Are and What’s to Come

Phase 2 of the HIPAA audits is fully underway, and covered entities now can take a breath if they have not received a desk audit request. But we still are at the beginning of Phase 2, with more to come. Preparing for Audits. Some steps that covered entities and business associates ...

Where’s the (TCPA) Harm in That?

TCPA Cases Post-Spokeo: Federal courts weigh plaintiffs’ alleged harms under the TCPA in light of Spokeo v. Robins, with some beginning to find injury-in-fact to sue for unwanted calls and texts – while one rules that “professional” TCPA plaintiffs do not suffer injury insofar as calls are not “unwanted” Following the ...

It’s Not the Olympics, but OCR Sets New HIPAA Settlement Records

Athletes at the Rio Olympics aren’t the only ones setting records this year.  Hoping to send a “strong message” about the importance of safeguarding electronic protected health information (PHI) and conducting mandated risk analyses, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently reached the ...

EU-U.S. Privacy Shield: What You Need to Know Before You Register

Thursday, September 8, 2016 2:00 PM Webinar After nine months of uncertainty following the invalidation of the Safe Harbor, there is once again a flexible way to transfer personal data from Europe to the U.S.  The EU-U.S. Privacy Shield is a major step forward for trans-Atlantic business, but what exactly has changed, and ...

Resources & Updates

Cybersecurity Response to Recent Wholesale Payment Systems Breaches

In February 2016, hackers stole $81 million from the Bangladesh central bank by sending fraudulent messages through the Society for Worldwide Interbank Financial Telecommunication (SWIFT) messaging system. Three months later, hackers attempted to steal over $1 million from a commercial bank in Vietnam using a similar method. Since then, almost a ...

HIPAA Enforcement Actions by the Numbers

Protecting patient information is a central duty for both covered entities and business associates under the Health Insurance Portability and Accountability Act (HIPAA).  Should a HIPAA-subject entity ever fail to protect patient information, it may face possible enforcement action from the U.S. Department of Health and Human Services’ Office f… ...

Credit Card Data Breaches: Protecting Against Surprises

For retailers, the costs involved with a credit card data breach go well beyond the immediate needs of retaining a privileged forensic investigator, hiring outside counsel and public relations and crisis management advisors, and notifying customers of the breach and offering credit protection services to them. DWT PrivSec and Payments team ...

A Crash Course on the Internet of Things

You may have heard the term, but how well do you really understand the “Internet of Things”? Armed with an ever-increasing list of Internet-connected devices capable of collecting employee data, how can your company leverage advantages to employee productivity and collaboration and reduce exposure to information security and privacy pitfalls? R… Continue ...

Is Privacy Tourism Coming to Britain?

The United Kingdom is known for Downton Abbey, earl grey tea and libel tourism.  Yes, there have been countless lawsuits over free speech transcending continents, but as of May 2012 the British government overhauled such libel cases. Privacy laws, however, could be the loophole. DWT’s Robert Balin, weighs his concerns with ...