Recently, the General Services Administration (“GSA”) announced its plan to upgrade its cybersecurity requirements in an effort to build upon the Department of Defense’s new cybersecurity requirements, DFAR Section 252.204-7012, that became effective on December 31, 2017. Continue Reading GSA to Upgrade Cybersecurity Requirements
The Article 29 Working Party (“Working Party”) recently issued its Opinion on data processing at work (the “Opinion”). The Opinion, which complements the Working Party’s previous Opinion 08/2001 on the processing of personal data in the employment context and Working document on the surveillance of electronic communications in the workplace, seeks to provide guidance on balancing employee privacy expectations in the workplace with employers’ legitimate interests in processing employee data. The Opinion is applicable to all types of employees and not just those under an employment contract (e.g., freelancers).
On November 14, 2016, Lincoln Financial Securities Corp. (“LFS”), a subsidiary of Lincoln Financial Group, entered into a settlement (the “Settlement”) with the Financial Industry Regulatory Authority (“FINRA”), requiring LFS to pay a $650,000 fine and implement stronger cybersecurity protocols following a 2012 hack into its cloud-based server. Continue Reading FINRA Fines Brokerage Firm $650,000 After Cyber Attack
On July 21, 2016, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) entered into resolution agreements with two large public health centers, Oregon Health & Science University (“OHSU”) and the University of Mississippi Medical Center (“UMMC”), over alleged HIPAA violations. Continue Reading OCR Settles Two HIPAA Cases with Public Health Centers in Oregon and Mississippi
On February 23, 2016, the Federal Trade Commission announced that it reached a settlement with Taiwanese-based network hardware manufacturer ASUSTeK Computer, Inc. (“ASUS”), to resolve claims that the company engaged in unfair and deceptive security practices in connection with developing network routers and cloud storage products sold to consumers in the U.S.
On December 7, 2015, European negotiators reached an agreement on the draft text of the Network and Information Security Directive (the “NIS Directive”), the first pan-EU rules on cybersecurity. The NIS Directive was first proposed by the European Commission on February 7, 2013, as part of its cybersecurity strategy for the European Union and aims to ensure a uniform level of cybersecurity across the EU.
On October 8, 2015, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act (“CalECPA”). The law requires police to obtain a warrant before accessing an individual’s private electronic information, such as text messages, emails, GPS data and online documents that are stored in the cloud and on smartphones, tablets, computers and other digital devices. The government also must obtain a warrant before requiring a business to produce an individual’s electronic information.
On April 10, 2015, the UK Information Commissioner’s Office (“ICO”) published a summary of the feedback received from its July 28, 2014 report on Big Data and Data Protection (the “Report”). The ICO plans to revise its Report in light of the feedback received on three key questions and re-issue the Report in the summer of 2015. Below are key highlights set forth in the summary, entitled Summary of feedback on Big Data and data protection and ICO response (“Summary of Feedback”).