March 11, 2016
NP Privacy Partner
The Wendy’s Company investigates a data breach, the U.N. plans on helping developing countries with cyber readiness, the Department of Defense invites hackers to test the Pentagon, there is new guidance on HIPAA and health apps, and a New York judge rules that Apple does not have to help the government crack iPhones.
Data breach watch: The Wendy’s Company investigates data breach as lawsuits begin
A new lawsuit stemming from the recent Wendy’s data breach may provide additional clarity regarding a franchisor’s obligation to implement reasonable security measures.—Keri A. McWilliams
Illinois’s updated data breach law awaiting governor’s signature
Illinois is one signature away from following suit with the current trends in data privacy law.—Jenny R. Lewis
United Nations to aid cybersecurity efforts of developing countries
The United Nations has begun helping developing countries create cybersecurity programs to protect their critical infrastructure from attack.—Eric Walz
Verizon’s RISK Team shares their experiences in new “Data breach digest”
With a three year review, Verizon’s forensic team breaks down how malicious software, conduit devices, configuration exploitation and the human factor are all implicated in data breaches around the world.—Kate A.F. Martinez
Department of Defense invites hackers to test Pentagon’s cybersecurity program
“Hack the Pentagon” initiative first of its kind for the U.S. government.—Valerie Breslin Montague
HIPAA guidance issued for developers of health apps
Given the increasing popularity of health apps, the Department of Health and Human Services Office for Civil Rights released guidance for the benefit of app developers on the applicability of the Health Insurance Portability and Accountability Act.—Meghan J. Schubmehl
New York Apple warrant case update: judge rules that Apple need not help government unlock iPhone
In a major victory for Apple, a New York judge on February 29 ruled that the colonial-era All Writs Act did not authorize him to force Apple to help the government unlock a drug dealer’s iPhone. This ruling is not binding on any other court. But Apple has cited it as supplemental authority in the California case where Apple was ordered to help the government unlock the iPhone used by one of the suspects in the December shootings in San Bernardino.
Gobeille v. Liberty Mutual: Supreme Court holds that ERISA preempts a state statute requiring ERISA-covered health plans to report benefit-payment and other data to a state agency
The Court held that although the law was created for the benign purpose of creating an “all-payer claims database,” Vermont’s reporting scheme was an attempt to directly regulate a fundamental ERISA function—the setting of uniform rules for reporting, disclosure, recordkeeping and other aspects of plan administration.—Charles M. Dyke
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