PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Cartoon: Data Breach Notification

Cartoon Data Beach Notification - TeachPrivacy Security Awareness Training 02 small

This cartoon is about data breach notification.  All 50 states plus the District of Columbia and Puerto Rico now have data breach notification laws, and breach notification laws are spreading around the globe.  And, as is often said in data security, it’s not whether a breach will happen, but when . . .

Increasing State HIPAA Enforcement: Highlights from 2018

State HIPAA Enforcement - increasing 02

There have been quite a number of state HIPAA enforcement cases this year, and one expert points out a trend toward increasing state enforcement of HIPAA. An article in Data Breach Today discusses a number of state HIPAA enforcement cases.  Here are some of the ones discussed: Massachusetts — $75,000 settlement with McLean Hospital for […]

Archive of Concurring Opinions Posts

Concurring Opinions Archive Daniel Solove Posts

It is sad to say goodbye to ConcurringOpinions.com, a law professor blog I co-founded in 2005.  The blog began when a group of us (Dave Hoffman, Kaimi Wenger, Nate Oman, and me) who were blogging at PrawfsBlawg decided we wanted more autonomy in blog governance, so we founded Concurring Opinions.   Over the years, we added […]

Speaking at the FTC Hearing on Data Security on December 12

12/13/18 Update: Here is the video from the session described below. On Wednesday, December 12, 2018, I’ll be speaking at the Data Security hearing, part of the FTC Hearings on Competition and Consumer Protection in the 21st Century.  My panel begins at 1:00 PM: The U.S. Approach to Consumer Data Security Wednesday, December 12, 2018 from […]

The Mail Machine Ate My Thumb Drive

USB zDrive - Thumb Drive

In the annals of what must be one of the most ridiculous data security incidents, a law firm employee sent a client file on an unencrypted thumb drive in the mail.  The file contained Social Security information and other financial data. Seriously? The envelope arrived without the USB drive. The firm contacted the post office. […]

The Future of Cybersecurity Insurance and Litigation: An Interview with Kimberly Horn

Cybersecurity litigation is currently at a crossroads. Courts have struggled in these cases, coming out in wildly inconsistent ways about whether a data breach causes harm. Although the litigation landscape is uncertain, there are some near certainties about cybersecurity generally: There will be many data breaches, and they will be terrible and costly. We thus […]

The California Consumer Privacy Act of 2018

California Consumer Privacy Act of 2018

In the period of just a week, California passed a bold new privacy law — the California Consumer Privacy Act of 2018.  This law was hurried through the legislative process to avoid a proposed ballot initiative with the same name.  The ballot initiative was the creation of Alastair Mactaggart, a real estate developer who spent […]

Did the LabMD Case Weaken the FTC’s Approach to Data Security?

Federal Trade Commission - Washington, DC

Co-Authored by Prof. Woodrow Hartzog On Wednesday, the U.S. Court of Appeals for the 11th Circuit issued its long-awaited decision in LabMD’s challenge to an FTC enforcement action: LabMD, Inc. v. Federal Trade Commission (11th Cir. June 6, 2018). While there is some concern that the opinion will undermine the FTC’s power to enforce Section 5 […]

Cartoon: Devils of Data Security

Cartoon Devils of Security - TeachPrivacy Security Awareness Training 02 medium

I hope you enjoy my latest cartoon about data security — a twist on the angel on one shoulder and devil on the other.  Humans are the weakest link for data security.  Attempts to control people with surveillance or lots of technological restrictions often backfire.  I believe that the most effective solution is to train […]

Artificial Intelligence, Big Data, and Humanity’s Future: An Interview with Evan Selinger

Re engineering Humanity

Recently published by Cambridge University Press, Re-Engineering Humanity explores how artificial intelligence, automated decisionmaking, the increasing use of Big Data are shaping the future of humanity. This excellent interdisciplinary book is co-authored by Professors Evan Selinger and Brett Frischmann, and it critically examines three interrelated questions. Under what circumstances can using technology make us more like simple machines than actualized human […]