EU-U.S. Privacy Shield framework ensures an “adequate level of data protection” but could be improved, EU Commission finds

Posted on by Federica Romanelli
On October 18, 2017, the EU Commission published its report on the first annual review of the EU-U.S. Privacy Shield. The report reflects the Commission’s findings on the implementation and enforcement of the EU-U.S. Privacy Shield framework in its first year of operation. According to the EU Commission, the Privacy Shield “continues to ensure an adequate level of data protection. However, there is room for improvement.” The EU Commission believes that the United States keep “relevant Read more [...]

Delaware amended code relating to breaches of security involving personal information

Posted on by Federica Romanelli
On April 14, 2017, the Title 6 of the Delaware Code relating to breaches of security involving personal information will be modified. House Substitute 1 for House Bill 180 ("House Bill 180"), also expands the definition of personal information to also include Delaware resident's first name or first initial and last name in combination with a user name or email address (with information sufficient to gain access to that account), passport number, medical information, health insurance information, Read more [...]

A reminder: breach of privacy can happen by mailing (as happened to Aetna)

Posted on by Federica Romanelli
We are accustomed to high-tech breach of privacy, however we should not forget that our personal information can be appropriated also through more traditional mistakes. It happened to Aetna. The insurance giant sent by mail envelopes with a large clear window through which anyone could see the name and address of the intended recipients. Unfortunately, some letter shifted revealing the patients’ medical information through the window on the envelope. The letters contained instructions Read more [...]

New York City Bar Opinion 2017-5 on lawyer’s duty of confidentiality when crossing borders

Posted on by Federica Romanelli
On July 25, 2017, the New York City Bar issued Formal Opinion 2017- 5, which concludes that lawyers have a duty to protect clients’ confidential information from disclosure. This duty stretches to U.S. border agents searching electronic devices. Lawyers shall take “reasonable precautions” to avoid disclosure of clients’ confidential information. Such precautions will vary based on the sensitivity of the information, the likelihood of disclosure, and the cost and difficulty of implementing Read more [...]

New Jersey adopts Personal Information and Privacy Protection Act

Posted on by Federica Romanelli
On July 21, 2017, New Jersey adopted the “Personal Information and Privacy Protection Act.” According to the law, retailers may scan an ID card only under certain circumstances. By “scanning” the law means to access the barcode or any other machine-readable section of the card “with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on the identification card.” The Act provides a list of allowed purposes, which include: (1) Read more [...]