Christopher E. Hoyme

Latest Articles

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…
Yes! It is the law in more places and circumstances than you suspect. Check out our report to learn more, including suggestions for setting up a training program. Late last year, The Wall Street Journal reported on a survey by the Association of Corporate Counsel (“ACC”) that found “employee error” is the most common reason for a data breach. CSOOnline reported on Experian’s 2015 Second Annual Data Breach Industry Forecast, stating: “Employees and negligence are…
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…
The Georgia Secretary of State acknowledged that last month his office improperly disclosed social security numbers and other private information for more than 6,000,000 registered voters in Atlanta due to a “clerical error.” Anyone in Georgia who is registered to vote (approximately 6.2M citizens) may be affected. The Secretary acknowledged that his office shares voter registration data on a monthly basis with various news media and political parties as required by Georgia law upon request.…
Many mobile app developers do not place a high priority on data security, as illustrated by a recent IBM/Ponemon study: Fifty percent of mobile app developers have no budget for security. Forty percent of companies don’t scan mobile app codes for vulnerabilities. The average company tests less than half of the apps it builds for security issues. Thirty-three percent of companies never test any apps for security. Such vulnerabilities have contributed to over one…
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…