by Daniel J. Solove
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.
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.”
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.
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.
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?
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.
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.
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.
by Daniel J. Solove
Are privacy and security laws being enforced effectively? This post is post #3 of a series called Enforcing Privacy and Security Laws.
by Daniel J. Solove
Are privacy and security laws being enforced effectively? This post is post #2 in a series called Enforcing Privacy and Security Laws. See the end of this post for links to other posts in this series.
What kind of sanctions do privacy and security laws use for enforcement? In this post, I will discuss the various tools that are frequently used in the enforcement of privacy/security laws.