CyBIR: Cyber and Privacy Breaches – Insurance and Reinsurance Data Privacy Lawyers: Walker Wilcox & Matousek Law Firm

Category Archives: Privacy Legislation

Subscribe to Privacy Legislation RSS Feed

Reminder: Webinar Series on Cyber & Privacy Breaches & Their Insurance Impacts Starts October 4

Posted in Breach Notification Laws, Coverage, Insurance, Privacy, Privacy Legislation

Our webinar series on cyber and privacy breaches and their insurance impacts begins on October 4, 2011 at 10:00 C.S.T. with the introductory presentation Cyber Data: If You Use It, Don’t Lose It: An Introduction to Cyber and Privacy Breaches and Their Insurance Impact. You can still register here for this complimentary webinar. See you… Continue Reading

HHS Issues its First Annual Report to Congress on HIPAA Compliance

Posted in Health Records Privacy, Healthcare, Physician, Privacy, Privacy Legislation

As required by the HITECH Act, the Department of Health and Human Services (“HHS”) in August issued its first annual report to Congress regarding compliance with the HIPAA Privacy and Security Rules. The HIPAA Privacy Rule established national standards to protect medical records and personal health information (“PHI”), while limiting the use and disclosure of such… Continue Reading

California Beefs Up Security Breach Notification Requirements

Posted in Breach Notification Laws, Cyber Breach, Data Breach, Privacy Legislation

On August 31, 2011, California Governor Jerry Brown signed Senate Bill 24 (“SB 24”) into law.  The bill amends the state’s security breach notification statute requirements for breach notifications sent to California residents.  SB 24 also mandates electronic notification to the state Attorney General when a breach affects mores than 500 California residents. SB 24… Continue Reading

UPDATE: California Bill to Counteract Pineda Watered Down Yet Again

Posted in Credit Card Transaction, Privacy Legislation, Retail

UPDATE:  On August 25, 2011, the California Senate Judiciary Committee voted to pass Assembly Bill 1219, which will allow gas stations to collect zip codes from customers in certain instances.  Before doing so, however, the Committee amended the bill to include an urgency clause.  According to the amendment, the “immediate implementation of this statute will prevent… Continue Reading

HHS receives 433 comments regarding proposed “HIPAA Privacy Rule Accounting of Disclosures under HITECH”

Posted in Health Records Privacy, Physician, Privacy Legislation

On May 31, the Department of Health and Human Services (HHS) posted the “HIPAA Privacy Rule Accounting of Disclosures under the Health Information Technology for Economic and Clinical Health Act” for comments.  Needless to say it is a hot topic, with 433 comments within the August 1 deadline. The proposed disclosure rule modifies the HIPAA’s… Continue Reading

Hartford Denies Coverage for Song-Beverly Claims

Posted in Class Action, Coverage, Credit Card Transaction, Insurance, Privacy Legislation, Retail

The Hartford Fire Insurance Company has filed at least two suits against insureds seeking a declaration that CGL policies it issued do not provide coverage for Song-Beverly claims filed in the wake of the Pineda decision. Hartford filed suits in Illinois federal court against Euromarket Designs, Inc. (a/k/a Crate & Barrel) and in New Jersey federal… Continue Reading

Mobile Apps Developer and its President Fined $50,000 for Violating Children’s Privacy Rights

Posted in FTC, Insurance, Privacy Legislation

Mobile app developer W3 Innovations, LLC and its President Justin Maples have agreed to pay $50,000 to settle a complaint by the FTC for alleged violations of the Children’s Online Privacy Protection Act (“COPPA”).  COPPA dictates a website operator’s responsibilities for protecting the privacy and online saftey of children.  Among other things, it requires that… Continue Reading

Michaels Moves to Dismiss Massachusetts Pineda-Like Suit

Posted in Credit Card Transaction, Privacy Legislation, Retail

As we previously reported, a Michaels customer filed a Pineda-like suit in Massachusetts federal court alleging that the collection of zip codes by the arts and crafts retailer violated the Massachusetts Unfair Trade Practices Act.  Late last month, Michaels moved to dismiss the complaint. Although plaintiff’s allegations are based on Pineda and specifically refer to… Continue Reading

Retailers (and their Insurers) Dealt Another Blow in California

Posted in Class Action, Credit Card Transaction, Privacy Legislation, Retail

Retailers were dealt a blow in February when the California Supreme Court ruled in Pineda v. Williams-Sonoma, Inc. that a zip code constitutes “personal identifciation information” under the Song-Beverly Credit Card Act of 1971, thus prohibiting retailers from requesting such information.  Although the California legislature responded quickly by proposing legislation that would limit the effects of the… Continue Reading

Emailed Receipts Exempt from FACTA Requirments

Posted in Credit Card Transaction, FACTA, Privacy, Privacy Legislation, Retail

An electronic receipt transmitted to a customer via email is not subject to the FACTA privacy regulations according to the 9th Circuit.  While retailers are continuing to struggle with the remifications of the California Supreme Court Pineda decision (See our post here), the 9th Circuit decision in Simonff v. Expedia, Inc. represents a small victory. After… Continue Reading