Privacy & Security Law Report: Index-Summary

MAGAZINES

MAIL AND DELIVERY SERVICES

– E-mail

See E-MAIL

– UPS

– – U.K. ICO orders for portable and mobile devices, 1206
– – Whistleblowers, data security issues voiced, ex-worker has triable retaliation claim (D.N.J.), 708

– USPS co-branding efforts, worker unjust enrichment challenge on alleged personal data disclosure dismissed (W.D. Wash.), 1277

MAINE

– Data breach notification, bill seeks time limit, 507; state House approves, 721; legislature clears bill, 752; governor signs bill, 786; law takes effect, 1387
– Data breaches, Hannaford Bros. Co., bulk of claims dismissed, only narrow negligent damages action survives (D. Me.), 749; hacker indicted in record breaking case (D.N.J.), Special Report, 1244; hacker pleads guilty (D. Mass.), 1272; judge certifies damages question to state court (D. Me.), 1495
– Minors, new law limits data collection, In Brief, 1102; effective date nears, attorneys warn marketers to prepare, 1209; state AG will not enforce law, files motion to dismiss, legislative review sought (D Me.), 1267; suit dismissed though law likely unconstitutional, 1305; law successful in increasing focus on issue, Analysis and Perspective, 1320

MALAYSIA

– International Multilateral Partnership Against Cyber Threats (IMPACT) Center opens, 505
– Privacy bill update, 1239

MALTA

– Binding corporate rules, country one of latest to join recognition procedure, 629

MALWARE

See SPYWARE

MARKETING

See ADVERTISING

MARYLAND

– Prescription data, bill restricts use for marketing, 256

MASSACHUSETTS

– Court records, state sets personal data rule, In Brief, 1152
– Data breaches, state releases reports on notification statistics, 1614
– Data mining of prescription information, regulators says industry rules allowed for state opt-out law, In Brief, 1152
– Data security rules, regulators urged to extend compliance deadline, 165; Mass. delays rules, drops vendor written certification mandate, 276; panelists concerned about impact, 588; future of rules uncertain, 1049; Mass. amends rules and extends deadline, 1225; public hearing held, 1386; officials discuss at IAPP Privacy Academy and give compliance advice, 1399; Mass. files final amendments, 1565
– Prescription data, bill restricts use for marketing, 256

MDL

See MULTIDISTRICT LITIGATION (MDL)

MEDICAL IDENTITY THEFT

– E-health, stakeholders need to address problem before e-records shared, IAPP Privacy Summit, 482
– File sharing, Dartmouth study reveals health data leaked, 298
– Health care topics for 2009, Analysis and Perspective, 24
– Medicare billings using stolen patient data, medical equipment firm owner sentenced (S.D. Fla.), In Brief, 173
– N.Y. bill adds to criminal statute, 636
– RSA Conf. speakers discuss problem, 644
– Seniors, HHS releases new tools, 1493
– Utah law requires patient identification, 510

MEDICAL RECORDS

– Abortion provided to minor, attempt to discover nonparty records rejected (Ohio), 1024
– AIDS patients, doctor must disclose records in misconduct suit (N.Y. App. Div.), In Brief, 1293
– Cal. agency fines Kaiser Permanente hospital after employee inappropriately accessed patient's medical records, 738; new Cal. patient privacy statute and tabloid legislating, Analysis and Perspective, 943; agency issues another fine for second violation, 1054
– Canada, health data

– – Foreign litigation use, only domestic courts may approve, 251
– – Nova Scotia, omnibus health records privacy protection bill includes breach notice and marketing limits, 1617

– Data breach notification

– – AMA approves ethical guidance to physicians including notice, 926
– – Stakeholders disagree on whether provision positive, 329; correction, 446
– – State AG enforcement of health data breach provisions, attorney in audio briefing, 778
– – Stimulus bill

See LEGISLATION, FEDERAL, HR 1

– Data breaches

– – Daimler worker health data breached, DPA probes retention of diagnosis data, 597
– – File sharing, Dartmouth study reveals health data leaked, 298
– – VA medical center hard drive lost, putative class cannot demonstrate actual damages, APA claims remanded (11th Cir.), 929

– E-records

See E-HEALTH

– Employment compliance, HIPAA amendments, Practice Aid, 358
– File sharing, Dartmouth study reveals health data leaked, 298
– France CNIL approves limited use of drug records, In Brief, 173
– Genetic data

See GENETIC INFORMATION

– HIPAA criminal violations

– – Lawyer bought patient data, hospital employee indicted (S.D. Fla.), In Brief, 1175
– – Patient records viewed out of curiosity, doctor and two hospital employees enter pleas (E.D. Ark.), 1094; sentenced to probation and fines, 1562
– – Stolen records allegedly part of credit card fraud scam (S.D. Fla.), 831; records administrator and accomplice sentenced, 1612

– Medicare billings using stolen patient data, medical equipment firm owner sentenced (S.D. Fla.), In Brief, 173
– Mental health records

– – Confrontation Clause, privilege extends to private therapist's records (Del.), In Brief, 718
– – Custody court may order evaluation but not require disclosure of existing records (Pa. Super. Ct.), In Brief, 474
– – Divorce proceedings, claims reinstated that records improperly disclosed (Ill. App. Ct.), 1561
– – Emotional distress damages, records accessed by fellow workers, insufficient evidence to support link (Iowa), 777
– – Mother properly denied access, children's best interests trump parent's statutory right to release of such records (Iowa), 627

– MySpace post held as publication, Minn. privacy law not preempted by HIPAA (Minn. Ct. App.), 960
– N.H. bill requires shredding, 256
– Ob/gyn records, discrimination suit judge must approve relevance (Ohio Ct. App.), In Brief, 287
– Physician disclosure to employer led to dismissal, breach of provider confidentiality not same to privacy tort (Pa.), 399
– Retirement facility employee giving patient files to EEOC legitimate reason for firing (U.S., rev den), 396; In Brief, 406; data copying not misappropriation of property (Okla.), 1386
– San Quentin Univ. of Cal. research program, fired employee claims retaliation for reporting prisoner privacy violations (Cal. Super. Ct.), 1473
– Sick leave, Family Medical Leave Act medical certification rule

– – HIPAA privacy rule still covers, attorneys warn, 78
– – Privacy rights

See LEGISLATION, FEDERAL, HR 2161

– Surviving spouse, nursing home must release late patient's records (Ga. Ct. App.), 303; surviving spouse entitled to records (Ga.), 1613
– Sweden, workplace privacy bill draws data authority praise and industry objections, 1310
– U.K. National Health Service (NHS)

See UNITED KINGDOM (UK)

– VA employee HIV-status and drug use revealed by VA doctor to union, not prohibited (U.S., rev den), 163; In Brief, 172

MEDICARE AND MEDICAID

– Consumers' Checkbook, claims data disclosure denied due to invasion of physicians' personal privacy (D.C. Cir.), 238
– Discrimination suit, retirement facility employee copied patient, not misappropriation of property (Okla.), 1386
– E-health

– – America's Affordable Health Choices Act

See LEGISLATION, FEDERAL, HR 3200

– – Coding system, HHS technical rule establishes and extends deadline, 159
– – Economic stimulus package policy implications and requirements, Analysis and Perspective, 344
– – Fla. agency unveils first in nation e-records system for Medicaid patients, 1565
– – HITECH Act 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; governors group sets implementation strategy, In Brief, 1175; states may immediately request matching funds, In Brief, 1313
– – Interoperability, CMS to test receiving data, In Brief, 1314
– – Transactions standard, HHS updates technical rule to accommodate expanded code sets, 159

– Fraudulent billings using stolen patient data, medical equipment firm owner sentenced (S.D. Fla.), In Brief, 173
– GINA, CMS to use insurance commissioners' model to implement provisions in Medigap, 619
– Medical identity theft, HHS releases new tools for seniors, 1493

MEETINGS

See CONFERENCES AND MEETINGS

METADATA

– Attorneys, electronic documents

See PRIVILEGED COMMUNICATIONS

– Discovery, party ordered to reproduce documents in searchable format with associated metadata (D. Nev.), 1171
– Police department notes, not “public records” in state (Ariz. Ct. App.), 275; electronic public record includes metadata and must be produced (Ariz.), 1612
– Preservation, Practice Aid, 1247

MICHIGAN

– Data breaches, bill grants liability immunity to firms with specified safeguards, 1168
– Do-not-call registries, two Dish Network dealers settle FTC charges (E.D. Mich.), 1381
– Therapist confidentiality breach lawsuit dismissed (Mich. Ct. App.), In Brief, 408
– Twitter, mayor accidentally posted personal employee data, 962

MILITARY

See ARMED SERVICES

MINNESOTA

– Genetic privacy law, newborn screening program

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

– Health data post on MySpace held as publication, state privacy law not preempted by HIPAA (Minn. Ct. App.), 960
– Private detective, file sharing evidence allowed from firm without PI license (D. Minn.), 930

MINORS

See CHILDREN

MISSISSIPPI

– Data breach notification bill introduced, Special Report, 177

MISSOURI

– Attorneys may keep client files in electronic form (Mo. Sup. Ct. Advisory Comm.), In Brief, 884
– Data breach notification bill pre-filed, includes criminal penalties, 5; Special Report, 177; state Senate passed, 592; new law includes health data, 1085
– Do-not-call registries

– – Septic-system products, no-call settlement reached, In Brief, 1035
– – TVH Holdings settlement reached, In Brief, 883
– – Versadebt to pay penalty (Mo. Cir. Ct.), In Brief, 343

MOBILE DEVICES

– Accounting privacy principles, update adds risk management and portable devices criteria, 1606
– Banking, security and privacy top concerns, KPMG report, In Brief, 567
– Biometric collection guidelines, NIST releases, In Brief, 1292
– Encryption

– – Nev. amends personal information e-data transfer law, 821
– – U.K. ICO orders

– – – Billing Pharmacy, 1352
– – – British Council, 629
– – – Car repair trade group, 1287
– – – Highland Council, In Brief, 1103
– – – Home Office, 168
– – – Legal expenses insurance firm and contractors, 878
– – – Leicester City Council, 785
– – – London Borough of Sutton government, 1288
– – – Manchester City Council, In Brief, 965
– – – National Health Service (NHS)

See UNITED KINGDOM (UK)

– – – Neath Port Talbot County Borough Council, In Brief, 1103
– – – UPS, 1206
– – – Wigan Council, 1288

– Fla., Blackberry messages are public records, In Brief, 1392
– IT cybersecurity warning, DHS issues baseline risk assessment, 1264
– Location data and services

See LOCATION DATA AND SERVICES

– Mobile marketing

– – ABA. Conf. says valuable ad tool but firms must know risks, 1178
– – Best practices, trade association revises, In Brief, 48
– – Consumer choice called key to success at State of Mobile Net conference, 621
– – COPPA, FTC expedites rules review due to trends, 615
– – FTC

– – – Probe, consumer groups seek, stronger data collection notice urged, 76; FTC report focuses on COPPA rules, text spam, and spyware, 615
– – – Roundtable talks planned to examine privacy concerns, 1261; FTC announces series, 1346; FTC sets schedule, 1603

– Phones

See CELLULAR TELEPHONES

– Workplace policies

– – Compliance trends, Ponemon survey report, 892
– – Public employers need, attorney urges to avoid pitfalls, 1266

– Yahoo privacy policy now allows opt-out of behavioral tracking, 1092

MOBILE PHONES

See CELLULAR TELEPHONES

MONEY LAUNDERING

– Ads, CDA controls unless Google requires illegal content (N.D. Cal.), In Brief, 49
– Bank of New York Mellon technician charged in $1.1 million scheme (N.Y. Sup. Ct.), 1610
– Bank Secrecy Act (BSA)

– – Audit coordination, GAO says IRS should improve, In Brief, 473
– – Reports, GAO says that agencies that receive could better guard financial data, 231

– CFTC and FinCEN agree to share information and maximize resources, In Brief, 174
– Currency transaction reports, DOJ charges Ill. bank in first criminal case (N.D. Ill.), 1563
– Detection guide, OECD releases, In Brief, 1506
– Foreign passports and other false data used to bilk U.S. banks, defendant pleads guilty (M.D. Fla.), 401
– Scottrade online brokerage to pay FINRA fine over lax anti-money laundering program, 1559
– Suspect parties, Frank (D-Mass) considers new limits on banks doing business with corrupt regimes and individuals, 774
– Suspicious Activity Reports (SARs)

– – Activity Review, FinCen issues 2008 report, 1053
– – Confidentiality, FinCEN and OCC propose standards, 439
– – Revisions, GAO calls for more clarity, 530

MONTANA

– Data breach notification bill expands law to government agencies, 5; state may finally pass breach notice law, 507; governor signs bill, 592; law to take effect, 1387
– Prescription data, bill restricts use for marketing, 256
– Search consent of own bedroom from child victim invalid (Mont.), In Brief, 940

MOROCCO

– Data protection law adopted to improve offshore job creation, 563

MULTIDISTRICT LITIGATION (MDL)

– Data breaches

– – Heartland Payment Sys., panel received request to consolidate class cases (J.P.M.L.), 466; oral arguments set, 775; panel consolidates consumer and bank claims, 873; Heartland reports costs so far in 2009 reach $32M, 1168; hacker indicted in record breaking case (D.N.J.), Special Report, 1244; hacker pleads guilty (D. Mass.), 1272
– – RBS WorldPay, oral arguments set (J.P.M.L.), 775; panel consolidates claims, 873
– – TJX Cos., remaining bank plaintiffs may pursue some claims (1st Cir.), 532; final bank plaintiffs settle claims (D. Mass.), 1260; hacker pleads guilty, 1272

MUSIC

– File sharing

See FILE SHARING