On Thursday, April 16, 2015, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued guidance, consisting of two frequently asked questions (FAQs), on the application of the HIPAA Privacy, Security, and Breach Notification Rules to workplace wellness programs. HHS explains in one of the FAQs that the […]
Privacy & Cyber Regulatory Enforcement
FTC Proposes Settlement with Two Companies Over False Safe-Harbor Claims
On April 7, 2015, two U.S. companies agreed to settle Federal Trade Commission (“FTC”) allegations that they falsely claimed to be in compliance with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework. In the concurrently filed complaints against TES Franchising, LLC (“TES”), a franchisee coaching business, and American International Mailing, a mail […]
FCC Adopts Consent Order with AT&T Over Alleged Data Security Violations
The Federal Communications Commission (FCC) announced on April 8 that it had adopted a consent decree between its Enforcement Bureau and AT&T Services, Inc. (AT&T), including a civil penalty of $25 million and a requirement to adopt a comprehensive compliance plan, among other actions. The consent decree alleges that AT&T “failed to protect the confidentiality” […]
New York State Regulator to Examine Insurers on Cybersecurity Following Comprehensive Risk Assessments
On March 26, 2015, Benjamin Lawsky, Superintendent of the New York State Department of Financial Services (DFS), sent a letter to the CEOs, General Counsel, and Chief Information Officers of all insurers doing business in the state to inform them of a mandatory cybersecurity questionnaire and the initiation of targeted cybersecurity examinations. Approximately 160 insurers […]
FFIEC Issues Warnings on Malware and Cyber Attacks
The Federal Financial Institutions Examination Council (FFIEC) has issued two joint statements warning of specific cyber risks. The warnings, which were issued on March 30, 2015, address risks arising from destructive malware, which can destroy sensitive data, and cyber-attacks that compromise user credentials. In both statements, the FFIEC also provides guidance on how to mitigate […]