Sixth and Second Circuits Rule In Favor of Insurance Policy Holders in Computer Fraud Provisions Cases

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Policy holders alleging that computer fraud provisions of their insurance policies extended to fraud that stemmed from an intercepted email and a spoofing attack notched wins before two separate appellate courts recently. The first involves Travelers Casualty and Surety of America and American Tooling Center Inc., and the second involves Chubb Ltd. and Medidata Solutions Inc.

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Enough of the Patchwork: Tech Industry Group Calls for a National Privacy Framework

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The Internet Association (IA), a group of 40 major internet and technology firms, called for the establishment of a national privacy framework anchored by six privacy principles on Wednesday. In its press release announcing the principles, the IA indicated its support for the American approach to federal privacy legislation that is “consistent nationwide, proportional, flexible, and encourages companies to act as good stewards of the personal information provided to them by individuals.”

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Security Recommendations for Mobile Health Apps

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Expanded use of Electronic Health Records (EHRs) is an integral component of the ongoing modernization of the U.S. health care system through digitalization.  Among the anticipated advantages of using EHRs are improvements in patient care (e.g., through faster access to relevant information and consequently improved care coordination), increased patient engagement, as well as reduction of medical errors and cost savings. On the other hand, implementing EHRs in a sustainable and legally compliant way requires upfront investment in hardware, software, training, workflow restructuring, as well as management of risks unique to electronic records, such as vulnerability to malicious interference.  When EHRs are combined with mobile platforms, the cybersecurity risks multiply.  Addressing this latest challenge can be daunting, both for medical practices and EHR product providers.

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UK Information Commissioner’s Office Fines Direct Marketing Company for PECR Violation

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The UK Information Commissioner’s Office (ICO) announced that it has fined a direct marketing company, Everything DM Ltd. (EDML) £ 60,000 ($77,421) for failing to take reasonable steps to ensure that unsolicited marketing emails sent on behalf of its clients complied with privacy laws applicable to electronic communications.

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California Lawmakers to Consider Technical Amendments to the California Consumer Privacy Act

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The California legislature will consider technical amendments to the California Consumer Privacy Act (CCPA), S.B. 1121, by August 31, 2018, which is the deadline in the current legislative session for bills to be passed by the legislature.

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Brazil Adopts New Privacy Law Similar to GDPR

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On August 14, the president of Brazil signed the Brazilian General Data Protection Law (LGPD) into law. It will become effective on Valentine’s Day 2020. The elements of the new law are similar to the European Union’s General Data Protection Regulation (GDPR).

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