May 25, 2018 is just around the corner. That’s the date when GDPR enforcement starts. Many organizations are scrambling to address GDPR compliance. But many still don’t even know what GDPR is. A recent survey [link no longer available] conducted of EU citizens and EU companies reveals some interesting details about GDPR preparation and compliance […]
Evan Seligner, Jules Polonetsky, and Omer Tene have just published a terrific edited volume of essays called The Cambridge Handbook of Consumer Privacy. This is a truly impressive collection of writings by a wide array of authors from academia and practice. There’s a robust diversity of viewpoints on wide-ranging and cutting-edge issues. The book has […]
I hope you enjoy my latest cartoon about passwords on the Dark Web. These days, it seems, login credentials and other personal data are routinely stocking the shelves of the Dark Web. Last year, a hacker was peddling 117 million LinkedIn user email and passwords. And, late last year, researchers found a file with 1.4 billion passwords […]
Hot off the press is Professor Woodrow Hartzog’s new book, Privacy’s Blueprint: The Battle to Control the Design of New Technologies (Harvard Univ. Press 2018). This is a fascinating and engaging book about a very important and controversial topic: Should privacy law regulate technological design?
In In re Zappos.com, Inc., Customer Data Security Breach Litigation (9th Cir., Mar. 8, 2018), the U.S. Court of Appeals for the 9th Circuit issued a decision that represents a more expansive way to understand data security harm. The case arises out of a breach where hackers stole personal data on 24 million+ individuals. Although […]
Recently, South Dakota and Alabama passed data breach notification laws. These were the last two states to pass such laws, and now all 50 states have breach notification laws. There’s also a federal breach notification requirement under HIPAA (passed with the HITECH Act of 2009). In 2003, California passed the first data breach notification law. […]
Organizations are racing to get ready for the GDPR implementation date of May 25, 2018. Complete GDPR compliance in a few months is likely not feasible for many organizations, but this shouldn’t mean that these organizations should give up. Making a good-faith effort and continuing to strive to improve are quite worthwhile.
Recently, I created two new HIPAA training resources. HIPAA Whiteboard I created a 1-page visual summary of HIPAA, which I call the HIPAA Whiteboard. The idea was to summarize HIPAA in a concise and visually-engaging way. You can download a PDF handout version here. We’ve been licensing it to many organizations for training and awareness purposes. […]
Recently, I created two new GDPR training resources. GDPR Whiteboard I created a 1-page visual summary of the GDPR, which I call the GDPR Whiteboard. The idea was to capture the key points of the General Data Protection Regulation (GDPR) in a succinct and visually-engaging way. It has become quite popular, receiving thousands of downloads. You […]
My new article was just published: Risk and Anxiety: A Theory of Data Breach Harms, 96 Texas Law Review 737 (2018). I co-authored the piece with Professor Danielle Keats Citron. We argue that the issue of harm needs a serious rethinking. Courts are too quick to conclude that data breaches don’t create harm. There are two […]