Privacy & Security Law Report: Index-Summary

GENETIC INFORMATION

– Discrimination ban

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Ethical balance urged on biological samples when public health and privacy issues conflict, IAPP Privacy Summit, 482
– Minn. genetic privacy law, newborn screening program

– – Exemption proposed, 443
– – Families sue state agency alleging violations (Minn. Dist. Ct.), 443

– Portugal regulates DNA databases, In Brief, 474
– Religious challenge to collection and storage of prisoner's DNA rejected (D.C. Cir.), In Brief, 50
– U.K. Natl. DNA Database, Home Office to remove data from individuals who do not have criminal records, 1532

GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– ABA conferences

– – Labor and IRS officials provide details on rules application, 1524
– – Technology in the Practice and Workplace Comm. meeting, 712

– Health risk assessments, attorneys offer employer tips at D.C. Bar session, 1525
– HIPAA protected health information, HHS issued proposed rule, 1428
– Implementation, EEOC releases proposed rules, 325; EEOC to issue final rule soon, 732; EEOC receives comments, Special Report, 753; EEOC proposes adding GINA reference to existing procedural regulations, 769; EEOC delays final rule while reviewing comments, 769; EEOC approves final rule, 1197
– Labor, IRS, and CMS released interim rule to implement discrimination provisions, 1428
– Medigap, CMS to use insurance commissioners' model to implement, 619
– Semiannual regulatory agendas, agencies to issue GINA rules soon, 732
– Wellness programs, ERISA panel says rules could harm, In Brief, 1481

GEORGIA

– Authorization to access corporate data terminated on employee's last workday (N.D. Ga.), 1145
– Data breaches, RBS WorldPay, consumer class amends complaint over data breach hack (N.D. Ga.), 274; oral arguments set (J.P.M.L.), 775; panel consolidates claims, 873
– Right to publicity, nude photos of murdered woman fall outside newsworthiness exception (11th Cir.), In Brief, 994
– Voting, photo ID required (U.S., rev den), In Brief, 882
– Wrongful death, nursing home must release late patient's records to surviving spouse (Ga. Ct. App.), 303; surviving spouse entitled to records under HIPAA (Ga.), 1613

GERMANY

– Data breaches

– – Daimler worker health data, DPA probes retention of diagnosis data, 597
– – Landesbank Berlin credit card customer data breach caused by couriers' stolen stollen cover up, 21

– Data protection amendments include consumer consent for marketing and breach notice, officials support, audits now separate bill, 537; Analysis and Perspective, 1003; lower house of Parliament amends and adopts bill, 1015; new law takes effect, Analysis and Perspective, 1443; consequences for service and outsourcing contracts, Practice Aid, 1625
– Deutsche Bank, DPA probes alleged corporate spying, two workers fired, 1098
– Employee health information, DPA fines retail chain for tracking, 1284
– Rail company screened personal data of workers, probe started, 245; Berlin DPA sets landmark fine, 1572
– Social networking site faces blackmail after theft of user data on millions of children, 1533
– Telemarketing bill includes penalties, clears lower house of Parliament, 501; upper house of Parliament approves, fines added, 741; bill signed, includes opt-in consent for marketing, 951; Analysis and Perspective, 1003; law takes effect, 1172
– Worker data protection bill planned after rail company breach, DPA supports, 304

GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

GLBA

See GRAMM-LEACH-BLILEY ACT (GLBA)

GLOBAL POSITIONING SYSTEM (GPS) DEVICES

– Google Latitude location service, CNIL says subject to French law, approves privacy plan, 880
– Privacy Act, advisory board and CDT urge Congress to amend to light of, 798
– Warrant required for tracking car for prolonged period of time (N.Y.), 776

GOVERNMENT CONTRACTS

– File sharing, Towns (D-NY) plans to introduce bill to ban use of P2P networks on government computers and networks, 1140
– FISMA compliance, OMB advises agencies to ensure contractor data security, 1347
– FOIA, contractor e-mails held exempt (S.D. Ohio), In Brief, 408
– GE jet engine spare parts, disclosing pricing information violates FOIA and trade secrets law (D.D.C.), In Brief, 1314
– IRS

– – Debt collection, IRS updates recall of private cases, In Brief, 540
– – Sensitive but unclassified waste disposal, TIGTA report suggests improvements, 773
– – User accounts, TIGTA says some contractors with no need for still have access, 1168

– NASA proposed data security contract requirements, IT groups criticize, 272
– Scotland, public sector non-binding privacy guidance, comments sought, 1285
– Security clearances

See BACKGROUND CHECKS

– U.K. prisoner data breach larger than first reported, In Brief, 1292
– Worker eligibility, employer verification of

See ALIENS AND CITIZENSHIP

GOVERNMENT EMPLOYEES

– HIV-status and drug use revealed by VA doctor to union, not prohibited (U.S, rev den), 163; In Brief, 172
– Job postings, FOIA does not cover daily online updates (D. Ariz.), In Brief, 1506
– National Park Service, record destruction inference saves Privacy Act case (D.C. Cir.), In Brief, 939
– Personnel data, no proof anonymous TIGTA worker's letters violated Privacy Act (D.D.C.), In Brief, 807
– Political affiliations, DOJ job applicants may proceed with Privacy Act claims (D.D.C.), In Brief, 1393
– Security clearances

See BACKGROUND CHECKS

– Time records of IRS agent, whether target of investigation may inspect (U.S., rev den), In Brief, 938
– USPS co-branding efforts, worker unjust enrichment challenge on alleged personal data disclosure dismissed (W.D. Wash.), 1277
– Wis., bargaining agreement did not create exception to disclosure of state employee data (Wis.), In Brief, 1293
– Worker eligibility, employer verification of

See ALIENS AND CITIZENSHIP

GOVERNMENT OPERATIONS

See also specific states
– Budget, financial services and general government appropriations for FY2010

See LEGISLATION, FEDERAL, HR 3170

– Chief Information Officer, Obama names Kundra as first, 391
– Chief Privacy Officer, DHS Napolitano appoints Callahan, 297; BNA Interview, 846
– Chief Technology Officer, Obama names Chopra, 617
– Cloud computing, World Privacy Forum issues report, 337
– Commerce Dep't

See COMMERCE DEPARTMENT

– Consumer Financial Protection Agency (CFPA)

– – Frank (D-Mass) bill

See LEGISLATION, FEDERAL, HR 3126

– – FTC chair assures lawmakers agency would maintain key powers, Consumer Union supportive, 1016
– – Obama financial regulatory reform proposal includes, FTC to share power, 977

– Cybersecurity

– – Czar, creation of White House advisor

– – – Challenges ahead, panelists say leader should be prepared for failure, 843
– – – Collins (R-Me) critical of position within White House, 1164
– – – Legislation

See LEGISLATION, FEDERAL, S 778, S 921

– – – Senate Homeland Security Comm. hearing, different opinions heard, 663

– – Denial-of-service attacks, Rockefeller (D-WVa) opens inquiry, 1050
– – House panel hearing on pending review, Clarke (D-NY) urges look at legal shortfalls in infrastructure protection, 437
– – Lieberman (I-Conn) outlines his draft bill at U.S. Chamber of Commerce speech, includes Senate-confirmed coordinator at White House, 1605
– – Obama orders review of federal plans and programs, Hathaway named leader, 269; review team expected to provide action plan by April, 391; Langevin (D-RI) expects White House to play key role in strategy, regulatory approach possible, 493; Business Software Alliance provides comments on public-private information sharing partnerships, 495; Hathaway offers RSA Conf. preview, 644; policy review released, technology leaders praise Obama plan, 795; Congressional Internet Caucus hosts forum, 843; review includes near-term action plan, 844; House hearing on report, DHS and NIST officials testify, 924; Obama official tells briefing cyber coordinator should be appointed soon, 925; Hathaway resigns post, 1164; Napolitano outlines DHS role, In Brief, 1175; White House chief position still empty, 1344; House panel holds hearing, In Brief, 1538
– – Resignations

– – – National Cybersecurity Center, Beckstrom resigns citing NSA concerns, 437
– – – US-CERT Director Kwon to take RSA post, 1197
– – – White House cyber coordinator, Hathaway resigns, 1164

– – RSA Conf., NSA officials call for increased teamwork and information sharing, panelists analyze incidents, 640
– – Senate Homeland Security Comm. hearing, different opinions offered on national strategy and White House office plan, 663; Lieberman (I-Conn) says committee drafting bill that maintains DHS leadership role, 1344
– – Senators to offer comprehensive standards bill, hearing discusses concerns, bill also includes acquisitions board to certify government purchases, 460

– Data security

– – IRS and TIGTA detail computer matching program, In Brief, 1176
– – NASA, GAO questions controls, In Brief, 1538
– – NIST updates federal agency guidance, In Brief, 286; NIST releases final revised framework standard and draft technical security protocol, 1167; Cyber Security Inst. analysis critical, 1231
– – SEC, GAO reports continued deficiency in internal controls, 465
– – TIGTA appoints new inspector for data security, In Brief, 1313

– E-mail authentication, group says many government and e-commerce sites fail to use, 589
– Economic stimulus package, Health information technology (HIT)

– – American Recovery and Reinvestment Act

– – – Implementation

See AMERICAN RECOVERY AND REINVESTMENT ACT

– – – Legislation

See LEGISLATION, FEDERAL, HR 1, HR 598

– – Business Roundtable calls for HIT provisions, 79
– – Health care groups spar over privacy provisions, 10
– – House committees approve provisions, 175
– – National Business Group on Health outlines its priorities, 79

– FAA workers' personal data breach, hacker accessed server, 270
– FBI

See FEDERAL BUREAU OF INVESTIGATION (FBI)

– FCC

See FEDERAL COMMUNICATIONS COMMISSION (FCC)

– FDA postmarket risk analysis system, GAO needs details on Sentinel Initiative, In Brief, 841
– File sharing, Towns (D-NY) plans to introduce bill to ban use of P2P networks on government computers and networks, 1140
– FISMA compliance

– – Amendment, United States Information and Communications Enhancement Act

See LEGISLATION, FEDERAL, S 921

– – Consensus Audit Guidelines, government-industry consortium issues draft guide to thwart attacks, 395
– – GAO reports federal computer network vulnerable despite some progress, 1103
– – GSA must improve data security policies, IG report, 8
– – HITECH Act, health industry could use FISMA as guidance for e-records security, 980
– – House panel told law needs updating with stronger rules for worker training, 770; GAO supplements analysis to Congress, In Brief, 994
– – IRS, GAO report indicates progress but problems exist, 80
– – OASIS system report issued, 529
– – OMB updates guidance and report requirements, 1263; attachment advises agencies to ensure contractor compliance, 1347

– FOIA

See FREEDOM OF INFORMATION

– FTC

See FEDERAL TRADE COMMISSION (FTC)

– Health care reforms, free speech chilled by White House requests for public to forward “fishy” e-mail, suit also alleges Privacy Act violation (D.D.C.), 1274
– HHS

See HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

– Homeland Security Dep't

See HOMELAND SECURITY

– Information sharing between government and private sector, software alliance urges Obama to develop clear rules and procedures, 495
– Internet, OMB proposes ending ban of persistent tracking cookies on federal websites, comments sought, 1139; received comments are mixed, 1197
– Justice Dep't Antitrust Div. chief, Obama nominates Varney, In Brief, 210
– NASA proposed data security contract requirements, IT groups criticize, 272
– NIST director, Obama to name Gallagher, In Brief, 1313; Gallagher pledges action on cybersecurity at Senate hearing, 1493; Senate confirms, In Brief, 1618
– NLRB, Obama names Liebman chair, In Brief, 211
– NTIA, Senate approves Strickling, 981
– Presidential transition

– – Data protection proposals submitted to transition team, calls for senior CPO, 73
– – National eHealth Collaborative officially launches before meeting with Obama Transition Team, 40
– – Websites' functionality, interagency group urges use of social networking tools, In Brief, 23

– Privacy and Civil Liberties Oversight Board, budget FY2009, Omnibus Appropriations Act

See LEGISLATION, FEDERAL, HR 1105

– Privacy protections as priority, Obama commitment to IT issues not clear correlation, 588
– Public records

See PUBLIC RECORDS

– Record systems, listing of Privacy Act coverage

– – Energy Dep't, In Brief, 93
– – NRC, In Brief, 92
– – PBGC IG office creates new record system and seeks exemption from Privacy Act, In Brief, 541; PBGC exempts IG data, In Brief, 883

– Regulations.gov, glitch affects website, comments lost, In Brief, 1356
– SEC chair, Senate confirms Schapiro, In Brief, 211
– Security clearances

See BACKGROUND CHECKS

– Semiannual regulatory agendas

– – GINA, agencies to issue rules soon, 732
– – GLB privacy notice form ready by August, 732

– Sensitive Security Information designation system, House hearing, witness urges limits on use when blocks public disclosures, 621
– Social Security Number Fraud and Identity Theft Prevention Act

See LEGISLATION, FEDERAL, HR 2472

– Transparency

– – Asbestos cleanup at superfund site, advocacy group files suit to test Obama commitment to openness (D.D.C.), 625; EPA releases report, 668
– – Chile, law takes effect, data must be posted online, 632
– – Executive order directs CTO to issue an “Open Government Directive,” 159
– – Mich. mayor accidentally tweets personal employee data, 962
– – Obama records and website policies draw early praise, concern remains over future issues, 191
– – Websites launched to provide access to databases and rulemaking process, In Brief, 806
– – White House and V.P. visitor records must be disclosed (D.D.C.), In Brief, 211; DHS agrees to settle FOIA suit, Obama announces new disclosure policy, 1307

– Trusted Internet Connection services award, AT&T receives, 9
– White House, comments submitted via social media to be saved and privacy protected, 1376
– Workplace privacy policies, attorney urges for public employers to avoid pitfalls, 1266

GPS DEVICES

See GLOBAL POSITIONING SYSTEM (GPS) DEVICES

GRAMM-LEACH-BLILEY ACT (GLBA)

– Cloud computing, World Privacy Forum issues report, 337
– Loan files, GLB preempts Wash. law on disclosure of non-public personal data (Wash. Ct. App.), 41
– Mortgage lender agrees to add data security to halt FTC alleged violations actions (FTC), 705
– Privacy notices

– – Eliminate Privacy Notice Confusion Act

See LEGISLATION, FEDERAL, HR 3506

– – Model form, SEC reopens comment period on proposal, 584; FTC to release final model GLB privacy notice form by Fall, 732; final form due in Aug., 1166; FDIC board approves, 1554

GRANTS

– Digitizing birth and death records, Providing for Additional Security in States' Identification (PASS ID) Act

See LEGISLATION, FEDERAL, S 1261

– E-health, stimulus package

– – Biden and HHS Sebelius announce grants, 1229
– – Community health center grants announced, In Brief, 1440
– – Governors group sets implementation strategy, In Brief, 1175
– – “Meaningful use” definition

– – – AMA Trustee says flexibility key to implementation, 622
– – – Draft standard released including required e-records elements, firms under investigation ineligible for payments, 925; comments received, clarification may be needed, 954; health industry groups submit comments, 980; panel relaxes proposal to ban e-records pay for those facing probes, 1050
– – – Federation of Am. Hosp. calls definition counterproductive, 1265
– – – HHS advisory committee meeting, stakeholders suggest measure should begins at basic level and gradually demand more, 667
– – – HIT Policy Comm. workgroup established, 734; 12-month timeline set, certification recommendations presented, 1230
– – – Hospitals face implementation obstacles in making significant progress, 587
– – – Incentive payments, HHS Blumenthal says cost in flux but probably less than budgeted, 1558
– – – Survey results on definition implementation, 622

– – Medicare and Medicaid financial incentives, CMS to propose rules on criteria, 587; ONC and CMS work plans indicate statutory mandate challenges, 773; Blumenthal says total could be higher than first anticipated, 980; ex-CMS head says must avoid flaws of past incentive initiatives, 1017; states may immediately request matching funds, In Brief, 1313
– – Policy implications and requirements, Analysis and Perspective, 344

– HIT regional extension centers, HHS estimates average two-year grant, 826
– USAID exempts vetting records from Privacy Act disclosure rules, In Brief, 49

GREAT BRITAIN

See UNITED KINGDOM (UK)