PRIVACY + SECURITY BLOG

News, Developments, and Insights

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New Resource Page: Text of HIPAA’s Training Requirements

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by Daniel J. Solove

I recently created a new resource page for the TeachPrivacy website: Text of HIPAA’s Training Requirements.  This page provides excerpts of the training provisions in the HIPAA Privacy Rule and the HIPAA Security Rule.

This page is designed to be a useful companion page to our resource page, HIPAA Training Requirements: FAQ.  The FAQ discuss my interpretation of the HIPAA training provisions, but the full text of those provisions is located on the separate new resource page above.

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Use of Encryption Is Increasing — Albeit Slowly

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by Daniel J. Solove

According to a survey commissioned by Thales e-Security, the use of encryption by organizations is increasing.  Ten years ago, only 15% had an enterprise-wide encryption strategy. Now, 36% have such a strategy.

Chart Encryption Increase 01 Some other interesting findings from the survey also found, according to a ZDNet article:

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Cybersecurity in the Boardroom

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by Daniel J. Solove

A few days ago, I posted about how boards of directors must grapple with privacy and cybersecurity.   Today, I came across a survey by NYSE Governance Services and Vericode of 200 directors in various industries.

According to the survey, about two-thirds of directors are less than confident about their company’s cybersecurity.  This finding is not surprising given the frequency of data breaches these days.  There is a growing sense of exasperation, as if we are living in an age of a great plague, with bodies piling up in the streets.

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Boards of Directors Must Grapple with Privacy and Cybersecurity

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By Daniel J. Solove

Privacy and cybersecurity have become issues that should be addressed at the board level. No longer minor risks, privacy and cybersecurity have become existential issues. The costs and reputational harm of privacy and security incidents can be devastating.

Yet not enough boards are adequately engaged with these issues. According to a survey last year, 58% of members of boards of directors believed that they should be actively involved in cyber security. But only 14% of them stated that they were actively involved.

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New Resource Page: Privacy and Security Training Requirements

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by Daniel J. Solove

I have created a new resource page for the TeachPrivacy website:  Privacy and Security Training Requirements.

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Green Eggs and Ham: How Not to Market and Invade Privacy

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By Daniel J. Solove

Dr. Seuss’s Green Eggs and Ham is a timeless classic that is read to millions of children. At first the simple rhymes and cute drawings are alluring. But parents will soon discover the book’s terrifying equation: The tiresome repetition of the book multiplied by the number of times a child will want the book read. The result is mind-numbing and will make parents curse the day they decided to make the book part of their child’s library.

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Myths About Privacy Law and the First Amendment

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by Daniel J. Solove

In Sorrell vs. IMS Health, 131 S. Ct. 2653 (2011), the Supreme Court struck down Vermont’s Prescription Confidentiality Law as a violation of the First Amendment right to free speech. The Vermont law restricted the sale and marketing use of information that would identify prescribers without their consent. The Supreme Court reasoned that the Vermont law “enacts content- and speaker-based restrictions on the sale, disclosure, and use of prescriber-identifying information.” According to the Court, the statute made content-based restrictions because it singled out marketing, and the statute made speaker-based restrictions because it focused on pharmaceutical manufacturers. The Court stated: “The law on its face burdens disfavored speech by disfavored speakers.”

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The Terrifying Math of Phishing

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by Daniel J. Solove

Although we are seeing increasingly more sophisticated attempts at phishing, it appears as though many phishers still haven’t been able to get their hands on a program with spell check.  Why are we still seeing the $10 million lottery winning emails?  Or the long lost relative of yours living in Fiji who is leaving you $4 million?

A recent article explains that for the phishers, it is all a numbers game:

“So, if 97 per cent of phishing attempts are unsuccessful, why is it such a large issue? Because there are 156 million phishing emails sent worldwide daily. . . . Of the 156 million phishing emails sent daily, 16 million get through filters. Another eight million are opened by recipients. 800,000 click on the link provided, and 80,000 provide the information requested.”

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