Privacy & Data Protection
Related Services
Hot Topics
Brochures
|
|
PRIVACY & DATA PROTECTION
More than ever before, companies are faced with data privacy issues. Many countries have enacted privacy and data protection laws and regulations that impact the creation, management, and transfer of information—particularly, sources of information that contain personal data. While these requirements vary greatly from jurisdiction to jurisdiction and from industry to industry, the global trend has been towards stricter enforcement and the imposition of increasingly severe penalties for violations.
Addressing these overlapping requirements requires adopting a risk management approach to precisely frame the purpose and means for the collection, processing, and transfer of personal data throughout the organization. To assist our clients in meeting these challenges, Nixon Peabody has a global team of lawyers with extensive experience developing defensible—and reasonable—approaches to comply with these varied requirements. Our attorneys are experienced in a wide range of data security, online security, and privacy issues and have an in-depth knowledge of the state, federal, and international laws and regulations that surround these issues.
Data privacy services
Our comprehensive services include: privacy, security, and data protection; records and information management; health care privacy and compliance with the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); employee privacy and social media; consumer privacy; and data security/data breach response.
We have advised clients in the following areas:
- Developing written information security policies and procedures (WISPs) in compliance with the Massachusetts data regulations
- Developing approaches to comply with various U.S. and international privacy requirements, including safe harbor application
- Development of information privacy and security plans and policies
- Compliance with U.S. and industry-specific privacy and data protection regulations
- Development of HIPAA and HITECH policies, procedures, and employee awareness training
- Data breach response, remediation, and coordination
- Data breach litigation
- Data breach investigations by the U.S. Office for Civil Rights
- Data breach investigations by state regulatory authorities
- Guidance regarding the privacy and data protection implications associated with the deployment of communication and data storage technologies
- Audit and assessment of current data privacy and security policies and practices
- Website privacy policies
- Social media policies, practices, and procedures
Knowledgeable team
Our team includes experienced corporate and transactional lawyers, HIPAA and HITECH professionals, and intellectual property, trial, and regulatory attorneys. Nixon Peabody attorneys are knowledgeable about state data security laws and frequently publish and lecture on data privacy and security and breach response. One of our attorneys is a Certified Information Privacy Professional. Drawing upon experience across multiple industries and traditional practices (such as health care, intellectual property, and labor and employment), we can provide service in the many different areas that involve privacy and data security issues including:
- Corporate information management governance
- Consumer privacy
- Employee privacy and social media in the workplace
- Data security/data breach response
- Health care privacy
- Managing e-discovery
Representative experience
- State data security issues: counseled clients in multiple states regarding individual state requirements
- Represented numerous companies with data breach responses
- Providing privacy and security strategy and response for numerous health care entities involved in the theft or loss of sensitive personal and health information of patients, including notification and interaction with federal and state authorities
- Representing numerous companies with data breaches, including a multistate retailer in connection with a data breach and a subsequent investigation by the Federal Trade Commission
- Counseled clients regarding (i) disclosure requirements under Massachusetts data breach law (M.G.L. c. 93H) and (ii) requisite components of comprehensive written information security policy (WISP) mandated by Massachusetts data security regulations (effective March 1, 2010)
- Provided privacy and security strategy and response for a large hospital involved in the theft of a laptop that contained sensitive personal and health information of patients
- Represented several national employers with data breaches involving stolen laptops
- Represented a large corporation in response to a hacking incident
- Represented numerous hospitals and health care providers in responses to breaches
- Represented various private colleges on data breaches and related issues
- Representing a records management company in federal court litigation over the loss of more than 1 million patient records that included protected health information
- Representing numerous clients in investigations by the Office for Civil Rights
- Representing a national medical device company with privacy and security issues
Thought Leadership/AlertsOCR settles another breach case for $400,000 for violations of the Security Rule
HIPAA Law Alert | May 24, 2013 Webinar Recording: Mobile Apps Special Alert
Originally recorded May 9, 2013 | May 16, 2013 . . . View all . . .
Webinar Recording: What the HIPAA Omnibus Rule means for you—Your questions answered
Originally recorded March 11, 2013
|
March 15, 2013
Google settles for $7 million with 38 states over gathering personal data from unsecure WiFi networks
Privacy Alert
|
March 14, 2013
FTC settles with mobile device manufacturer for failure to secure & protect consumers' personal data
Privacy Alert
|
March 7, 2013
The Use of Mobile Technology in the Practice of Medicine: Compliance Tips
February 14, 2013
Webinar Recording: It's here and it's mandatory: The HIPAA Omnibus Rule
Originally recorded February 5, 2013
|
February 13, 2013
Federal banking regulators issue proposed guidance and seek comments on use of social media by banks, credit unions, and savings associations
Privacy Alert
|
February 11, 2013
FTC issues privacy and security guidance for mobile apps and cracks down on enforcement
Privacy Alert
|
February 5, 2013
FTC settles with cord blood bank for lax privacy practices and data breach
Privacy Alert
|
January 31, 2013
HHS announces sweeping changes to the HIPAA Privacy and Security Rules in the final HIPAA Omnibus Rule
HIPAA Law Alert
|
January 23, 2013
FTC releases amendments to strengthen the Children's Online Privacy Protection Act and increase parental control over access to children's personal information
Privacy Alert
|
January 15, 2013
NLRB finds online discussion between non-union employees "protected activity"
Employment Law Alert
|
January 3, 2013
U.S. Restrictions on Commercial Social Networking
November 28, 2012
California attorney general warns mobile application developers of non-compliance with CalOPPA
Privacy Alert
|
November 6, 2012
New York adds new restrictions on the use of social security numbers
Employment Law Alert
|
October 26, 2012
FTC seeking comments on additional proposed revisions to Children's Online Privacy Protection Rule
Privacy Alert
|
August 8, 2012
First Circuit faults bank for "one-size-fits-all" approach to cyber security measures
Banking and Financial Services Litigation Alert
|
August 1, 2012
Consumers pay more for privacy in Maine
Privacy Alert
|
July 26, 2012
Canadian privacy law and U.S. companies doing business with Canadians
Privacy Alert
|
May 17, 2012
FTC issues final report on protecting consumer privacy
Privacy Alert
|
March 29, 2012
The Smart Grid: Privacy costs of the information jackpot
Privacy Alert
|
March 22, 2012
Computer assisted review approved by SDNY
Electronic Discovery and Evidence Law Alert
|
March 1, 2012
Data protection and privacy law in the EU: Comprehensive reform under discussion
Privacy Alert
|
February 27, 2012
Obama administration releases long-awaited consumer data privacy report
Privacy Alert
|
February 24, 2012
Be ready for the March 1, 2012, Massachusetts Data Security Regulations deadline
Privacy Alert
|
February 13, 2012
The Zubulake Preservation Standard Now Applies in the First Department
Electronic Discovery and Evidence Law Alert
|
February 13, 2012
Ontario court expands privacy-based remedies: Lessons for U.S. companies handling Canadian privacy data
Privacy Alert
|
January 31, 2012
Mobile devices and attorney ethics: What are the issues?
Privacy Alert
|
December 8, 2011
FTC settles two COPPA complaints
Privacy Alert
|
November 14, 2011
Changes in COPPA coming?
Privacy Alert
|
November 4, 2011
Seven Cautions to Consider While Courting the Cloud
September 12, 2011
French Parliament Requires That Internet Users Consent to the Use of Cookies
Privacy Alert
|
September 1, 2011
Federal Circuit Court raises standard for dismissal because of spoliation of evidence
E-Discovery and Evidence Law Alert
|
May 18, 2011
Reviewing redundancy requirements and service level agreements in light of the Amazon Cloud outage
M & A Advisor
|
April 27, 2011
Webinar Recording: Staying One Step Ahead: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
April 22, 2011
Webinar Recording: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
March 24, 2011
Another Must-Read Decision From Judge Scheindlin Regarding ESI
E-Discovery and Evidence Law Alert
|
March 3, 2011
Strong message from HHS/OCR with two HIPAA privacy rule enforcements within one week
HIPAA Law Alert
|
February 28, 2011
Department of Commerce proposes sweeping privacy reforms
Privacy Alert
|
December 20, 2010
Red Flag Program Clarification Act of 2010 passes in the House
Privacy Alert
|
December 10, 2010
Webinar Recording: The Boucher Bill
August 9, 2010
HHS withdraws breach notification rule from administrative review
HIPAA Law Alert
|
August 4, 2010
Dodd-Frank Act's creation of the Consumer Financial Protection Bureau leads to enhanced privacy safeguards for consumers and their pockets
Privacy Alert
|
August 3, 2010
Employer's right to audit text messages upheld
Privacy Alert
|
June 22, 2010
. . . Hide Thought Leadership. . . Press
Media Clips- Final HIPAA Omnibus Rule Expands Law's Impact on Firms
New Hampshire Business Review | May 3, 2013
Providence partner and leader of the firm’s Privacy & Data Protection group Linn Freedman and Manchester partner and leader of the firm’s Commercial Litigation practice Scott O’Connell co-authored this article discussing the final HIPAA Omnibus Rule, which implemented sweeping changes to the Health Insurance Portability and Accountability Act. - 11th Circuit says HIPAA protections trump Florida law
Reuters | April 12, 2013
Leader of the firm’s Privacy & Data Protection group and the HIPAA Compliance group Linn Freedman discusses a Court of Appeals ruling finding that the patient privacy protections in the federal Health Insurance Portability and Accountability Act of 1996 trumped a 1987 Florida law that requires nursing homes to provide the records to a deceased resident's spouse, guardian or attorney. - New HIPAA Rules Pose Challenges for Healthcare Industry
Reuters | March 18, 2013
Leader of the firm’s Privacy & Data Protection group and the HIPAA Compliance group Linn Freedman discusses the new Health Insurance Portability and Accountability Act (HIPAA) regulations announced by the Department of Health & Human Services. Click here to read the full article. . . . View all . . .
EventsWebinar: Your play date with the Children's Online Privacy Protection Act: What to do now to comply by July 1
June 20, 2013 Cyber Threats & Cyber Realities: An institute on the legal and policy landscape of cyber risks—foreign and domestic
June 17, 2013 ACI 3rd Annual Health Care Privacy and Security Forum
May 22, 2013 | New York, NY . . . View all . . .
Webinar: Mobile Apps Special Alert
May 9, 2013
PLUS Medical PL Symposium
April 11, 2013
| Chicago, IL
What the HIPAA Omnibus Rule means for you: Your questions answered
March 28, 2013
| Boston, MA
Annual Rhode Island CLE Seminar
March 19, 2013
| Providence, RI
Webinar: What the HIPAA Omnibus Rule means for you—Your questions answered
March 11, 2013
| Manchester, NH
What the HIPAA Omnibus Rule means for you: Your questions answered
February 27, 2013
| Providence, RI
Webinar: It's here and it's mandatory: The HIPAA Omnibus Rule
February 5, 2013
| Jericho, NY
Health Care IT Security and Governance in the Post-HITECH Age
January 29, 2013
| New York, NY
HIPAA Breaches—Lessons Learned
Are you Audit Ready? Survival Strategies and 22 Steps to Audit Readiness
January 22, 2013
| New York, NY
ACI Health Care Privacy and Security Forum
December 7, 2012
PKF North America Summit: Cyber Risks
November 12, 2012
| San Francisco, CA
Medical Records Law Conference
November 8, 2012
| Providence, RI
Mental Healthcare America (MHCA) Fall Conference
November 1, 2012
Devices and Mobile Technology: A New Challenge for Maintaining Data Privacy and Security
October 10, 2012
| Rochester, NY
Data Privacy & Security Issues with Mobile Technology: Practical Strategies for In-House Counsel to Reduce Risks
October 4, 2012
| San Francisco, CA
Data Privacy & Security Issues with Mobile Technology: Practical Strategies for In-House Counsel to Reduce Risks
September 25, 2012
| Boston, MA
Responding to a potential HIPAA security breach: Practical tips from real breaches
September 19, 2012
Nixon Peabody's Semi-Annual CLE Program (Buffalo and Rochester)
June 7, 2012
| Buffalo, NY
Emergency Preparedness—How Ready Are You?
November 10, 2011
| Albany, NY
Webinar: Staying One Step Ahead: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
April 13, 2011
Staying One Step Ahead: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
April 8, 2011
Le directeur juridique face au risque informatique
April 7, 2011
Webinar: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
March 17, 2011
Privacy & Data Security Panel Discussion
February 17, 2011
Webinar: The Boucher Bill
August 5, 2010
. . . Hide Events . . .
|