Federal Agency to Develop Model Privacy Notice for Healthcare Apps

Healthcare_Apps_for_Android_TabletsOn Friday, February 26, 2016, the Office of the National Coordinator (ONC) for Health Information Technology (HIT) announced via a blog post, that ONC will be updating the Model Privacy Notice (MPN) that, in 2011, ONC developed in concert with the Federal Trade Commission (FTC) for “personal health records” (PHRs), which was the emerging technology at the time.  ONC noted that since 2011, many retail healthcare apps such as exercise trackers and other wearable technology, have emerged and that consumers using such technology should be informed on how data collected through such apps is being used by the app developer and other third parties.  ONC stated that the MPN is “a voluntary, openly available resource designed to help developers provide transparent notice to consumers about what happens to their data.”

Importantly, healthcare app developers should take heed that ONC is not the only federal agency interested in ensuring that there is adequate consumer protection for individuals taking Continue reading

Update to “Ten Easy Cyber Security Measures to Add to Your 2016 List of New Year’s Resolutions”

financial institutions pic 9661402Medium(1)One of the goals of our HITECH Law blog is to start dialogue and share information and insights in the ever changing world of cyber security.  In our previous post, “Ten Easy Cyber Security Measures…”, we relayed some information from the FBI about thieves breaking into gas pumps and inserting card readers.  One of our readers sent us some additional information we are passing along, with her permission.

“Some responsible retailers have studied how criminals are getting into pumps, and those retailers have invested a lot of time and money in pump protection after delivery from the manufacturer.  Because the safety and security of our guests is of utmost importance to us, Thorntons has spent more than $1 million over the past 18 months to make our pumps more secure for our customers.  To prevent card skimming at Thorntons’ pumps, we added Continue reading

Ten Easy Cyber Security Measures To Add To Your 2016 List Of New Year’s Resolutions

NewYearsEveClockWhen thinking about your 2016 New Year’s resolutions, include some data security resolutions on your list! The Kentucky Chamber of Commerce in coordination with Wyatt Tarrant & Combs, LLP, hosted a Cyber Security and Data Privacy seminar on December 17, 2015. This blog post highlights several ideas for resolutions that came from thoughts expressed by speakers during the seminar. In the coming year, think about what you should be doing to protect your personal identity as well as to protect the personal information of your customers, clients, patients and employees.  Here are ten resolutions to get you started:

RESOLUTION #1 – I will NOT use a credit or debit card at a gas pump. This resolution can serve a two-fold purpose: a) You can make progress toward your 10,000 steps by walking to the cashier window, and b) you can protect yourself from identity theft. Dan Jackman, a cyber security task force officer with the FBI, stated during the seminar that thieves are stealing credit card information from gas pumps and explained how they do it. According to Officer Jackman, there are ONLY five different pump keys for the entire Commonwealth of Kentucky.  So, dishonest fraudsters take a job with a gas station just to get access to the pump key so they can open the pump casing and change out credit card readers, not just at that station but dozens of stations using the same key.  By gaining access to the inside of the pump, they can replace the card reader in a way that it cannot be detected when closing and locking the pump casing.  The fraudster makes the switch in the dead of the night.  Credit/debit cards are being ripped off in a matter of seconds within the time they are used at a pump with a fake card reader. Apparently, this type of theft is rampant in Kentucky.

Officer Jackman recommends going to the window to use a credit card or pay cash (thereby making this a two-part resolution because you will get some steps). If you cannot break the habit of paying at the pump, then use a prepaid card to limit your losses. Avoid using a debit card tied to your checking account. Continue reading

Kentucky Chamber To Host Cyber Security Seminar on December 17, 2015

KY Chamber Cyber Security Seminar 2015

Data privacy and security issues are bursting at the seams in ALL industry sectors due to the ability to connect to the internet through networks, apps and a multitude of devices that enable individuals and organizations to collect, transmit, store and use information in a multitude of ways.  Connecting to the internet poses privacy and security risks regarding confidential information that, if used or disclosed in certain ways, can result in significant financial and reputational harm to the entity, its employees, clients, customers and others.

  • Is your company counting on you to make sure it doesn’t have a data breach and end up on the front page?
  • Do you know the latest ways that cyber thieves are trying to gain access to your data?
  • Are you learning from others’ mistakes, so that your company doesn’t have to learn the hard way?
  • Are your policies in step with state and federal laws and regulations as well as government enforcement trends?
  • Do you have a plan for dealing with the financial hit that would accompany a data breach?

If these questions have been weighing on you, as your company’s CEO, CFO, IT manager, HR manager, in-house counsel or risk officer, come to a one-day conference on December 17, 2015, in Lexington, Kentucky, hosted by the Kentucky Chamber of Commerce and sponsored by Wyatt, Tarrant & Combs, LLP.  Learn about trends in security, legal compliance, risk management and law enforcement on cyber security and data protection and gain practical, hands-on information that you can take back to your company, which will begin paying dividends right away.  Continue reading