PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

5 Key Quotes from the FTC v. Wyndham Decision on Data Security

by Daniel J. Solove This post was co-authored by Professor Woodrow Hartzog. The long-awaited federal district court opinion in FTC v. Wyndham was finally released last week. The U.S. District Court for the District of New Jersey rejected Wyndham’s arguments that the FTC lacks the authority to regulate unfair data security practices, that the FTC […]

Heartbleed: A Data Security Bug of Titanic Proportions that Affects Most of the Internet and that Will Have Enormous Implications

by Daniel J. Solove It sounds like a late April Fool’s joke, but it isn’t. Heartbleed, a data security bug in Open SSL, allows hackers to access personal data and encryption keys. This vulnerability has existed for 2+ years, and there is no way to know if your data has been compromised. And the majority […]

One of the Most Important Data Security Cases Was Just Decided: FTC v. Wyndham

by Daniel J. Solove The case has been quite long in the making. The opinion has been eagerly anticipated in privacy and data security circles. Fifteen years of regulatory actions have been hanging in the balance. We have waited and waited for the decision, and yesterday, it finally arrived. The case is FTC v. Wyndham, […]

Waking Up the C-Suite to Privacy and Security Risks

by Daniel J. Solove I was recently interviewed in the Journal of AHIMA on how the C-suite is waking up to the new realities of privacy and data security risks. Before the HITECH Act in 2009, HIPAA enforcement was based on a cooperative model where HHS was not punitive in its approach. Now, big fines […]

Duties When Contracting with Data Service Providers

by Daniel J. Solove In the world of data protection, it’s an old story: Personal data gets shared with a third party data service provider, and then something goes wrong at the provider. Whose fault is it? The organization that shared the personal data with the vendor certainly has responsibility, as organizations are generally responsible […]

Is Data Security Awareness Training Effective?

by Daniel J. Solove A recent article in CIO explores the question: Is data security awareness training effective? The answer: Yes. The article points to an ISACA study that seeks to measure the effectiveness of data security awareness training. The study concludes: “Security awareness training is a vital nontechnical component to information security. As such, […]

Data Security Is an Art, Not Just a Science

by Daniel J. Solove Far too often, the mandate for data security is simply to “secure it,” and people often think of data security as a set of clear choices. This is in contrast to privacy, which is understood as a set of muddy policy issues. But data security is, in fact, quite muddy itself. […]

4 Points About the Target Breach and Data Security

by Daniel J. Solove There seems to be a surge in data security attacks lately. First came news of the Target attack. Then Neiman Marcus. Then the U.S Courts. Then Michael’s. Here are four points to consider about data security: 1. Beware of fraudsters engaging in post-breach fraud. After the Target breach, fraudsters sent out […]

The Year in Privacy 2013 and the Year to Come

by Daniel J. Solove 2013 was a remarkable year in privacy developments. Here are four main trends I saw occurring this year: 1. The heat on the NSA for its broad surveillance programs has been sustained and productive. The Edward Snowden leaks revealed massive NSA surveillance efforts. What is most interesting in the aftermath of […]

NSA Metadata Surveillance and the Fourth Amendment

by Daniel J. Solove A U.S. District Court recently held that the NSA surveillance of telephone metadata likely violates the Fourth Amendment. The case is Klayman v. Obama. The NSA surveillance program involves an incredibly broad gathering of metadata about people’s conversations. Metadata doesn’t include the conversations themselves, just data about when and to whom […]