Archive for the ‘News’ Category

Affinity’s Wipeout Shows Importance Of Wiping Out PHI Law360, New York (September 26, 2013, 5:53 PM ET) — The U.S.Department of Health and Human Services‘ Office for Civil Rights (OCR) is stepping up their enforcement efforts and cracking down on entities who violate the Health Insurance Portability and Accountability Act of 1996. Earlier this year, Idaho State University was fined $400,000 for […]

California AG’s Mobile App Case Against Delta Dismissed

A state court has dismissed the California Attorney General’s claims that Delta Air Lines Inc. (“Delta”) violated the California Online Privacy Protection Act by failing to have an appropriately posted privacy policy for its mobile application, Bloomberg reports. The California AG sued Delta in December as part of an enforcement campaign that began with the issuance of warning letters to approximately 100 operators […]

California DNA Act Ruled Unconstitutional

Big news coming out of California today as the Court of Appeals struck down a law requiring every adult arrested on a felony charge to submit a DNA sample. In the People v. Mark Buza, the court held that the Forensic Identification Data Base and Data Bank Act of 1998 (“DNA Act”) violated the Fourth […]

Flood of Class Actions Follow Supreme Court Decision in Pineda

Last month, the International Association of Privacy Professionals published my article discussing Pineda v. Williams-Sonoma, where the California Supreme Court determined that ZIP codes are considered personally identifying information.  You can read the full text of that article here.  In the wake of that decision, a flood of class action have been filed against various retailers throughout […]

California Supreme Court Rules That Zip Codes Are Personal Identification Information

Retail stores across California routinely ask customers to provide a ZIP code when making a purchase.  This practice may now be prohibited following the California Supreme Court decision in Pineda vs. William Sonoma, __ Cal. 4th__ (February 10, 2011), holding that ZIP codes are “personal identification information” for the purposes of the Song-Beverly Credit Card […]

IE9 To Include Tracking Protection

On December 1, 2010, the Federal Trade Commission issued a major report discussing consumer privacy online. In the report, the FTC advocated the use of a “Do Not Track” mechanism governing the collection of information about consumer’s Internet activity. Specifically, the FTC suggested the use of a “persistent setting, similar to a cookie, on the […]

CA Insurance Brokers No Longer Required To Send Opt-Out Notices Prior To Policy Shopping At Renewal

Insurance broker-agents in California no longer are required to send customers annual privacy notice forms permitting them to opt-out of information sharing.  Insurance broker-agents thus may now use customers’ nonpublic personal information to shop around for better policies at renewal. On November 4, 2010, California’s Office of Administrative Law repealed California Code of Regulations(C.C.R.) § 2689.8(c)(3), […]

California Approves Insurance Reg Amendments

The California Office of Administrative Law has approved Department of Insurance plans to repeal portions of its privacy regulations, Insurance Journal reports. Effective immediately, agents and brokers will no longer be required to mail privacy policies to customers annually nor must they provide customers with an opt-out form to prevent broker-agents from shopping on renewal, the […]

McKennon│Schindler LLP Client Awarded $543,612.62 in Damages in Investment Loss Case – the First of its Kind in Hundreds of Pending Medical Capital Cases

In what appears to be the first FINRA arbitration award of its kind in the pending Medical Capital cases, McKennon│Schindler LLP client Eric Anderson was awarded $543,612.62 in damages (the full amount of his investment losses) for his massive losses caused by his financial advisor firm’s negligence and breach of fiduciary duties owed to Mr. Anderson. […]

Supreme Court to Hear Case on 1st Amendment and Privacy.

In NASA vs. Nelson, the Supreme Court will address the question, “Can the government require employees, including private contract workers, to reveal personal details such as past drug use?” NASA is contesting a privacy ruling won by 28 Caltech employees who work at the Jet Propulsion Laboratory in La Canada Flintridge.

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