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Privacy, Cyber & Data Strategy Team

Centers for Medicare and Medicaid Services Issues Emergency Preparedness Requirements That Address Cyber-Attacks

September 14, 2016 By Privacy, Cyber & Data Strategy Team

The Centers for Medicare and Medicaid Services (“CMS”) issued a final rule on September 8th, 2016 establishing national emergency preparedness requirements for providers and suppliers participating in Medicare and Medicaid in response to “inconsistency in the level of emergency preparedness amongst healthcare providers.”  The rule will be officially published in the Federal Register on September […]

Filed Under: Cyber Risk, Data Security, Regulation

Report Suggests Organizations Still Vulnerable to Credential Management and Network Segmentation Attacks

September 14, 2016 By Privacy, Cyber & Data Strategy Team

The Multi-State Information Sharing and Analysis Center (MS-ISAC) published its 2016 mid-year review on August 22, 2016, highlighting large incidents of malware infections, with particular emphasis on ransomware and click fraud malware.  In contrast to the MS-ISAC report, however, an August 2016 report suggests most organizations would benefit from addressing issues of credential management and […]

Filed Under: Cyber Risk, Cybersecurity, Data Protection, Data Security Tagged With: Federal Trade Commission (FTC), National Institute for Standards and Technology (NIST)

Eighth Circuit Decision Interpreting Spokeo Shows Impact of Supreme Court Decision on Privacy Actions

September 13, 2016 By Privacy, Cyber & Data Strategy Team

In issuing its decision in Braitberg v. Charter Communications, the Eighth Circuit recently became the first federal appellate court to issue a published opinion interpreting Spokeo and, as predicted, shows that the Supreme Court’s ruling will have a significant impact on the viability of privacy-related claims.  In Braitberg, the plaintiff alleged that Charter indefinitely retained […]

Filed Under: Data Protection, Privacy, Privacy Litigation

FTC seeks public comment on Safeguards Rule and proposed changes

September 1, 2016 By Privacy, Cyber & Data Strategy Team

On August 29, 2016, the FTC announced it is seeking public comment on its Safeguards Rule as part of a systematic review of all FTC rules and guides. The Safeguards Rule came into force in 2003 after the Gramm-Leach-Bliley Act (GLBA) required that the FTC and other agencies establish administrative, technical, and physical information security […]

Filed Under: Cybersecurity, Data Security, Regulation Tagged With: Federal Trade Commission (FTC)

FTC Overrules LabMD Dismissal, Finds Unfair Data Security Practices

August 9, 2016 By Privacy, Cyber & Data Strategy Team

The FTC issued an Opinion and Final Order reversing the previously dismissed charges against LabMD on July 29.  FTC Administrative Law Judge (ALJ) D. Michael Chappell had dismissed the case against LabMD on November 13, 2015 based on an insufficient showing of harm, as required to find an act or practice unfair under § 5 […]

Filed Under: Data Protection, Data Security, Enforcement Tagged With: Federal Trade Commission (FTC)

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