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Joseph J. LazzarottiBlog Posts

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  • e-Discovery Traps (and Significant Sanctions) for the Unwary

    Effectively managing company data means more than HIPAA compliance and avoiding data breaches. As two of my colleagues Brett Anders and Cliff Atlas would tell us, failing to preserve electronic evidence can jeopardize a company’s litigation strategy. Their recent article discusses a new decision that illustrates the kind of sanctions litigants could suffer even where … Continue reading e-Discovery Traps (and Significant Sanctions) for the Unwary
    February 4, 2010
  • Happy Data Privacy Day!

    While most are not taking the day off, January 28 is recognized internationally as Data Privacy Day – a day for people to become more aware of and promote data privacy related issues. Many organizations support these initiatives and some have created and contributed to a website to promote this day and data privacy and security generally. … Continue reading Happy Data Privacy Day!
    January 28, 2010
  • Haiti Charity Fraud – FBI Guidelines To Donate With Care

    We all are deeply saddened by the tragic situation in Haiti. Many are motivated to help in any way they can, which usually means donating to charities that are able to more effectively bring relief to the suffering. At the same time, many see this as an opportunity to commit identity theft. CBS News and TBG Fraud Solutions … Continue reading Haiti Charity Fraud – FBI Guidelines To Donate With Care
    January 17, 2010
  • FTC Investigates Cloud Computing

    Last month, we briefly discussed "cloud computing," along with some issues that should be considered when deciding whether to adopt this new technology. Our post focused on data privacy and security issues. As reported by Kim Hart, of The Hill’s Technology Blog, a December 9, 2009, Federal Communications Commission filing states that the Federal Trade Commission is in the process … Continue reading FTC Investigates Cloud Computing
    January 5, 2010
  • Addressing Information Risk in 2010

    Like individuals, businesses have resolutions/goals for 2010, perhaps even this new decade. As information risk, such as HIPAA or the occurrence of a data breach, continues threaten companies and put individuals’ personal identities, finances and medical information in jeopardy, addressing this issue in the coming years is a worthy resolution for any business. With this … Continue reading Addressing Information Risk in 2010
    January 1, 2010
  • New Hampshire Enacts Strict Data Breach Notification Law Affecting Health Care Providers and Business Associates

    New Hampshire’s new breach notification law builds on the breach notification requirements under the HITECH Act by requiring health care providers and business associates to notify individuals of disclosures of their protected health information that are prohibited by New Hampshire law, even if such disclosures are permitted under HIPAA or other federal law. This new … Continue reading New Hampshire Enacts Strict Data Breach Notification Law Affecting Health Care Providers and Business Associates
    December 29, 2009
  • House of Representatives Passes the Data Accountability and Trust Act

    As passed by the House of Representatives on December 8, 2009, the Data Accountability and Trust Act would create federal data security standards, a national breach notification requirement, data destruction mandates, and special requirements for "information brokers."  The Act will now move to the Senate, where it likely will be considered together with recent bills from various … Continue reading House of Representatives Passes the Data Accountability and Trust Act
    December 9, 2009
  • Data Breach Affects Climate Change Debate

    Based on recent events, the University of East Anglia likely will agree that data privacy and security requires a comprehensive approach, as data breaches are not limited to incidents involving personal information and identity theft. In fact, the effects of a breach to an organization’s information systems involving confidential company information can be far worse on the … Continue reading Data Breach Affects Climate Change Debate
    November 24, 2009
  • “Friending” Employees – The Risks of Employer Participation In Online Social Networking

    More companies are becoming a part of the social networking community – setting up Facebook pages, “friending” their employees and customers, and so on. Businesses use these sites for a variety of purposes including marketing; client, employee and government relations; and community involvement. With lawmaking bodies and courts just beginning to struggle with the range … Continue reading “Friending” Employees – The Risks of Employer Participation In Online Social Networking
    November 22, 2009
  • GINA Effective November 21, 2009, But EEOC Final Regulations Remain Under Review

    The Genetic Information Nondiscrimination Act (GINA) [pdf], signed into law in May 2008, prohibits discrimination by health insurers and employers based on individuals’ genetic information. Genetic information includes the results of genetic tests to determine whether someone is at increased risk of acquiring a condition (such as some forms of breast cancer) in the future, … Continue reading GINA Effective November 21, 2009, But EEOC Final Regulations Remain Under Review
    November 20, 2009

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