There were quite a number of books published about privacy and security issues last year, and I would like to highlight a few notable ones. A few books came out in late 2014 and have an early 2015 publication date. I’m including them here. The books are in no particular order.
The Sony Data Breach: 3 Painful Lessons
by Daniel J. Solove
The Sony data breach is an exclamation mark on a year that is already known as the” Year of the Data Breach.” This data breach is the kind that makes even the least squeamish avert their eyes and wince. There are at least three things that this breach can teach us:
Privacy and Security Developments 2014 Issue 1
by Daniel J. Solove
Issue 2014 No. 1
This post is co-authored with Professor Paul M. Schwartz.
We spend a lot of time staying up to date so we can update our casebooks and reference books, so we thought we would share with you some of the interesting news and resources we’re finding. We plan to post a series of posts like this one throughout the year.
For a PDF version of this post, click here.
The $500,000 Value of Data Security Awareness Training
by Daniel J. Solove
It has long been difficult to quantify the ROI of data security awareness training.
But finally, I have been able to locate a number. According to a 2014 PricewaterhouseCoopers study: “The financial value of employee awareness is even more compelling. Organizations that do not have security awareness programs—in particular, training for new employees—report significantly higher average financial losses from cybersecurity incidents. Companies without security training for new hires reported average annual financial losses of $683,000, while those do have training said their average financial losses totaled $162,000.”
Lawsuits for HIPAA Violations and Beyond: A Journey Down the Rabbit Hole
by Daniel J. Solove
At first blush, it seems impossible for a person to sue for a HIPAA violation. HIPAA lacks a private cause of action. So do many other privacy and data security laws, such as FERPA, the FTC Act, the Gramm-Leach-Bliley Act, among others. That means that these laws don’t provide people with a way to sue when their rights under these laws are violated. Instead, these laws are enforced by agencies.
People Care About Privacy Despite Their Behavior
It is often said that people don’t care much about privacy these days given how much information they expose about themselves. But survey after survey emphatically concludes that people really do care about privacy.
Should the FTC Be Regulating Privacy and Data Security?
by Daniel J. Solove
This post was co-authored with Professor Woodrow Hartzog.
This past Tuesday the Federal Trade Commission (FTC) filed a complaint against AT&T for allegedly throttling the Internet of its customers even though they paid for unlimited data plans. This complaint was surprising for many, who thought the Federal Communications Commission (FCC) was the agency that handled such telecommunications issues. Is the FTC supposed to be involved here?
The Most Alarming Fact of the HIPAA Audits
by Daniel J. Solove
Are privacy and security laws being enforced effectively? This post is post #5 of a series called Enforcing Privacy and Security Laws.
Under the Health Insurance Portability and Accountability Act (HIPAA), various organizations can be randomly selected to be audited – even if no complaint has been issued against them and even if there has been no privacy incident or breach.
What the audits thus far have revealed is quite alarming. I’ll discuss more on that later.
Ebola and Privacy: Snooping, Confidentiality, and HIPAA
by Daniel J. Solove
The recent cases of Ebola in the United States demonstrate challenges to health privacy in today’s information age — both in preventing employees from snooping into patient information as well as preventing the disclosure of patient identities.
The Brave New World of HIPAA Enforcement
by Daniel J. Solove
Are privacy and security laws being enforced effectively? This post is post #4 of a series called Enforcing Privacy and Security Laws.
The Health Insurance Portability and Accountability Act (HIPAA) regulations govern health information maintained by various entities covered by HIPAA (“covered entities”) and other organizations that receive health information from covered entities when performing functions for them. HIPAA is enforced by the Office for Civil Rights (OCR) in the Department of Health and Human Services (HHS). Additionally, state attorneys general (AGs) may enforce HIPAA – only a few federal privacy laws can also be enforced by state AGs.