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Privacy & Security

When Selfies Go Wrong

On September 25th, a former Okaloosa County, Florida paramedic, Christopher Wimmer, was sentenced to six months jail time and three years’ probation for taking “selfies” with incapacitated victims in ambulances last year and sending them to a co-worker. He and his co-worker, Kaylee Renee Dubois, were engaged in a “selfie war” with each other and snapped images and videos of patients in ambulances who were unconscious, sedated, intoxicated, or incapacitated. In total, 101 photos, 64 videos, and 41 patients were photographed or recorded during the so-called war, and a mere three patients consented to photographs being taken of them. Employees’ missteps with the privacy rights of patients have a negative lasting effect on their employer, their own career, and their patients.

Cybersecurity Breaches Increasing in Healthcare Organizations

According to data from HHS’ Office of Civil Rights (OCR), healthcare data breaches in 2017 are set to outpace those from 2016. Security experts have determined this increase is due to two factors: getting entry into a system has become easier, and organizations are now more inclined to report breaches. Yet despite the increase in data breaches and the costs of settling with HHS OCR, a majority of healthcare organizations are still only spending 1-6% of their budgets on cybersecurity measures.

Data Breaches: How Do We Keep Our Data Safe?

In the last month, multiple large-scale data breaches were reported by various entities, with 3 breaches reported in the past week alone. Unfortunately, even the most well-known entities do not stand a chance against increasing technological abilities of bad actors. Since the Equifax breach in early September, Whole Foods, Sonic, Deloitte and the Securities Exchange Commission, among others, had similar large-scale breaches affecting consumers across the country.

Equifax Compromises Millions of Consumer’s Information, How Is This Possible?

On September 7, 2017, the credit bureau Equifax announced a giant security breach affecting the personal information of approximately 143 million US consumers, as well as thousands of consumers overseas. With numerous lawsuits piling up against the company and almost half of our nation’s population at a significant increased risk of identity theft, Americans are left wondering why this happened, how it could have been prevented, and what will become of Equifax and our credit reporting systems.

Cybersecurity – Overview of Financial Services Initiatives

The disclosures of major security breaches in 2017 such as Verizon, Equifax, Uber, the National Security Agency and the Transportation Safety Administration increased consumer concern about the safety of their personal and financial data. These disclosures also contributed to renewed Congressional analysis of data security standards in the financial services sector and review of current federal and state regulatory regimes. Insider cyber threats have become security remains a threat as well. In August 2017, the Securities and Exchange Commission (“SEC”) announced insider trading charges against seven individuals who gained access to confidential merger and acquisition data through a technology consultant’s misuse of an investment bank’s new computer system. State actions, governmental agencies and the financial services industry are actively combatting the growth of cyber-security threats.

Is Your Fitness Tracker Violating Your Privacy Rights?

An increasing number of companies are providing fitness trackers for their employees as a part of their benefits package. The use of fitness trackers has been steadily growing over the past few years, and is predicted to hit a shipment size of 240.1 million devices by 2021. Even though the popularity of these fitness trackers has boomed, their compliancy with HIPAA has not kept up with them as quickly. A few companies that make fitness trackers have become HIPAA compliant, such as Fitbit and Apple. However, some companies have remained silent as to whether they are or plan on becoming compliant. While fitness trackers have been shown to have an overall positive effect in corporate wellness programs, corporations should remain up to date with how to keep their employees’ health information secure as well as ensure that the fitness tracker that they are providing is HIPAA compliant.

No Doppelgangers in Illinois

Recently, Google added new functionality to the Google Arts & Culture app that allows users to snap a selfie and find artwork from around the world that resembles the user. The app very quickly rose to the top of the charts as users around the United States took plenty of photos. Almost everywhere around the United States at least. Illinois and a few other states have laws that prohibit the collection or use of biometric (iris, fingerprint, etc.) data by businesses except under certain circumstances. The Google Arts & Culture app uses biometric data to compare a user’s image to the Mona Lisa (or any other portrait).

FTC Final Order against LabMD – The Intersection of Unfair Practices, Privacy, Security, and Compliance

Logan Parker Privacy Editor Loyola University Chicago School of Law, LL.M. in Health Law 2017   The Federal Trade Commission (“FTC”) issued an Opinion and Final Order on July 29, 2016 against LabMD, a now defunct medical testing laboratory, for its lax data security practices that constituted an unfair practice under Section 5 of the …
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Cybersecurity Biggest Risk to Financial System, Regulators Plan to Provide More Oversight

Kaitlin Lavin Executive Editor Loyola University Chicago School of Law, JD 2017   Financial institutions can expect increased oversight and new regulations due to recent cyberattacks and data breaches in banks. Several banks have already reported data breaches this year, and many banks have been rattled by the cyberattacks on SWIFT—the  messaging network connecting the …
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