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The pace of innovation in healthcare today has produced an amazing increase in the number of available mobile apps for health-related information. More than 300,000 healthcare apps are available online. These apps are developed and designed to fit within the “connected health model” which attempts to provide flexible and efficient healthcare services by using connected technology that offers better communication, access and diagnostic capabilities. Many healthcare professionals use mobile apps for immediate communication with their…
Most business owners are all too familiar with identity theft. What they might not be sufficiently aware of is the “Dark Web” where identity theft thieves buy and sell stolen personal information. The Dark Web Defined The Dark Web describes places on the internet not identified by traditional search engines. Although not all sites on the Dark Web engage in criminal activity, it is generally where illegal consumer data is bought and sold.  For identity…
The use of artificial intelligence (AI) enabled cybersecurity systems is increasing dramatically. By 2018, sixty-two percent of all companies are projected to use AI technologies. The use of AI cybersecurity systems provides greater efficiency through automation, the ability to evaluate larger data sets and, in many cases, a faster way to identify the “cyberattack needle in the big data haystack.” For example, some credit card companies use AI systems to scan large data banks for…
In a decision that could have significant impact for online companies that have European operations, the European Union’s (EU) top court ruled that Internet Protocol addresses (IP addresses) could, under certain circumstances, constitute protected data under EU data protection law (Breyer v. Bundesrepublik Deutschland, E.C.J., No. C-582/14, 10/19/16).  As most of us know, the IP address is a series of numbers that is allocated to a specific device (i.e., computer or smart phone) by an…
On April 13, 2016, Nebraska’s breach notification statute was amended when Governor Pete Ricketts signed LB835 into law.  The Amendment included a variety of changes, including a regulator notification requirement and broadens the definition of “personal information” in the state data breach notification statute, Neb. Rev. Stat. §87-802 – 87-804. These amendments become effective on July 20, 2016. Specifically, the bill makes the following changes: Attorney General Notification. The amendment requires notice to the State’s…
The Consumer Financial Protection Bureau (“CFPB”) gave the fintech online payment sector a “wake up call” with an enforcement action against a Des Moines start up digital payment provider, Dwolla, Inc. (“Dwolla”). The CFPB alleged that Dwolla misrepresented how it was protecting consumers’ data. Dwolla entered into a Consent Order to settle the CFPB charges and agreed to pay a $100,000 penalty and to change and improve its current security practices.  The CFPB never alleged…
Most employers are well aware that potential liability lurks if unauthorized information is disclosed to third parties. Obvious examples would include unauthorized employee or applicant health or financial information or personal information such as social security numbers and the like. In an interesting twist, the Minnesota Supreme Court considered whether liability could be created when disclosure of requested information was incomplete. In Larson v. The Northwestern Mutual Life Insurance Company, CMInformation Specialists, Inc., Minnesota…