PRIVACY + SECURITY BLOG

News, Developments, and Insights

HIPAA Cartoon: Breach of Confidentiality

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

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

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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