I’ve been posting some of the U.S. Department of Justice’s attempts to justify their proposed amendments to cybersecurity laws. Here’s how the most recent post in their series begins: In the last of our series on the need for limited updates to laws enhancing cybersecurity while protecting individual rights, this post will describe a proposal that is geared…
Category: Federal
OCR’s Enforcement of HIPAA’s Privacy and Security Rules Continues with Robust 2014
From the I-must-have-a-different-definition-of-‘robust’ dept.: Douglas Dahl writes: With the news of the recent cyber-attack and resulting data breach at health insurance giant Anthem Inc., the buzz around data security and privacy is again high. The Anthem breach serves as a reminder to those entities subject to the Health Insurance Portability and Accountability Act (HIPAA) that…
Trouble for new data breach bill?
Julian Hattem reports: New draft legislation to protect people after their data may have been stolen is running into some quick opposition on Capitol Hill. Mere hours after Reps. Peter Welch (D-Vt.) and Marsha Blackburn (R-Tenn.) unveiled their Data Security and Breach Notification Act on Thursday, a pair of key House Democrats is calling it a non-starter….
Bipartisan Data Security Draft Unveiled, Subcommittee to Review Next Week
WASHINGTON, DC – Bipartisan members of the Subcommittee on Commerce, Manufacturing, and Trade today announced draft legislation to tackle the nation’s growing data security challenges. The “Data Security and Breach Notification Act” is a comprehensive plan to help safeguard sensitive consumer information and shield Americans from the consequences of cyber attacks. The subcommittee is scheduled to…
Assuring Authority for Courts to Shut Down Botnets – DOJ Blog
Leslie R. Caldwell, Assistant Attorney General for the Criminal Division of the Department of Justice writes about the government’s proposal to expand its powers to shut down botnets: Current law gives federal courts the authority to issue injunctions to stop the ongoing commission of specified fraud crimes or illegal wiretapping, by authorizing actions that prevent a…
Tort of intrusion upon seclusion and breaches of personal health information: the Court of Appeal decision in Hopkins v. Kay
Analysis of Hopkins v. Kay, this by Bradley J. Freedman, Barry Glaspell and Patrick Hawkins of Borden Ladner Gervais LLP: … In Hopkins v. Kay, a patient of a hospital, on her own behalf and that of other patients in the “class” proposed to be certified by the court, alleged that her hospital records had been accessed by…