PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

HIPAA Cartoon: Breach of Confidentiality

Cartoon HIPAA Confidentiality - TeachPrivacy HIPAA Training 02

This HIPAA cartoon involves confidentiality. There are countless cases of misdirected PHI that is emailed or faxed to the wrong people. I recently created a new short course on HIPAA Confidentiality.  You can learn more about it here. HIPAA Resources HIPAA Training Courses HIPAA Training Guide HIPAA Training Requirements FAQ HIPAA Whiteboard HIPAA Resources […]

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Silencing #MeToo: How NDAs and Litigation Stifle Victims, Innovators, and Critics — An Interview with Orly Lobel

  Countless women have been coming forward to say #MeToo and share their traumatic stories of sexual harassment and assault. But there are many stories we’re not hearing. These stories are being silenced by extremely broad nondisclosure agreements (NDAs), some made at the outset of employment and others when settling litigation over sexual harassment. They […]

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Attorney Confidentiality, Cybersecurity, and the Cloud

Law firm data security

There is a significant degree of confusion and lack of awareness about attorney confidentiality and cybersecurity obligations.  This issue is especially acute when it comes to using the cloud to store privileged documents.  A common myth is that storing privileged documents in the cloud is a breach of attorney-client confidentiality.  In other instances, many attorneys […]

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Without Scalia, Will There Be a 4th Amendment Revolution?

The passing of Justice Antonin Scalia has brought a wave of speculation about current and future U.S. Supreme Court cases.  One area where there might be a significant impact will be the 4th Amendment, which provides the primary constitutional protection against government surveillance and information gathering.  A new justice could usher in a dramatic expansion […]

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The Kafkaesque Sacrifice of Encryption Security in the Name of Security

Encryption Backdoors - Kafkaesque

By Daniel J. Solove Proponents for allowing government officials to have backdoors to encrypted communications need to read Franz Kafka.  Nearly a century ago, Kafka deftly captured the irony at the heart of their argument in his short story, “The Burrow.” After the Paris attacks, national security proponents in the US and abroad have been […]

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OPM Data Breach Fallout, Fingerprints, and Other Privacy + Security Updates

By Daniel J. Solove Co-authored by Professor Paul Schwartz This post is part of a post series where we round up some of the interesting news and resources we’re finding. For a PDF version of this post, and for archived issues of previous posts, click here. We cover health issues in a separate post. News […]

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Privacy Law: From a National Dish to a Global Stew

By Daniel J. Solove This post is co-authored by Professor Neil Richards The recent case of Google v. Vidal-Hall in the UK has generated quite a buzz, with Omer Tene calling it the “European privacy judicial decision of a decade.” The case illustrates several fascinating aspects of the developing global law of privacy, with big […]

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Does Scholarship Really Have an Impact? The Article that Revolutionized Privacy Law

  By Daniel J. Solove Does scholarship really have an impact? For a long time, naysayers have attacked scholarship, especially scholarship about law. U.S. Supreme Court Chief Justice Roberts once remarked: “Pick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of […]

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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. […]

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