Passwords Cartoon – Security Awareness Training

Daniel Solove
Founder of TeachPrivacy

Cartoon Passwords - TeachPrivacy Security Awareness Training 01

Here’s a cartoon I created to illustrate the importance of security awareness training.  I hope you find it amusing.

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“Privacy”: A Unique Play Starring Your Smart Phone

Daniel Solove
Founder of TeachPrivacy

Privacy Awareness

I was fortunate to see James Graham’s incisive play “Privacy” this past Sunday at the Public Theater in New York City.  The play is a witty and immensely engaging examination of all the data being collected about us and being assembled into digital dossiers.  Technology is adeptly woven into the play.  At many points during the production, audience members are asked to use their smart phones.  The script is entertaining and intelligent.  There is never a dull moment, and I was laughing throughout.  Continue Reading

Microsoft Just Won a Big Victory Against Government Surveillance — Why It Matters

Daniel Solove
Founder of TeachPrivacy

eye

Yesterday, Microsoft won a huge case against government surveillance, a case with very important implications: In the Matter of a Warrant to Search a Certain E‐Mail Account Controlled and Maintained by Microsoft Corporation.

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HIPAA’s Long Arm — and Why It’s a Good Thing

Daniel Solove
Founder of TeachPrivacy

HIPAA Training

Recently, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its first resolution agreement and monetary penalty against a business associate (BA).

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Attorney Confidentiality, Cybersecurity, and the Cloud

Daniel Solove
Founder of TeachPrivacy

Law firm data security

There is a significant degree of confusion and lack of awareness about attorney confidentiality and cybersecurity obligations.  This issue is especially acute when it comes to using the cloud to store privileged documents.  A common myth is that storing privileged documents in the cloud is a breach of attorney-client confidentiality.  In other instances, many attorneys and firms are not paying sufficient attention to their obligation to protect the confidentiality and security of the client data they maintain.

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6 Great TV Series About Privacy and Security

Daniel Solove
Founder of TeachPrivacy

TVIn previous posts, I have listed some of my favorite novels and movies about privacy and security issues.  I don’t want to leave out TV, as there are some great TV series too.

 

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New Resource Page: How to Make Security Training Effective

Daniel Solove
Founder of TeachPrivacy

Effective Security Training

I recently created a new resource page —  How to Make Security Training Effective.  The page contains my advice for how  to make security training memorable and effective in changing behavior.

Training the workforce is an essential way to protect data security, but not all training endeavors are successful.  Poor training is akin to shouting into the void.  This resource page is designed to provide some tips and advice about training that I’ve learned from being an educator for more than 15 years.  Continue Reading

New Resource Page: Security Awareness Training FAQ

Daniel Solove
Founder of TeachPrivacy

Security Awareness Training FAQ 01

What laws require security awareness training?  What topics do the laws require to be covered?  What should be covered?  How frequently should training be given?

I recently created a new resource page — Security Awareness Training FAQ — to answer the above questions and more.  I discuss various legal and industry requirements for security awareness training.  I also discuss best practices.  I hope that you find this resource to be useful.

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When Is a Person Harmed by a Privacy Violation? Thoughts on Spokeo v. Robins

Daniel Solove
Founder of TeachPrivacy

privacy

When is a person harmed by a privacy violation?

The U.S. Supreme Court just handed down a decision in an important case, Spokeo Inc. v. Robins.  

Spokeo Logo

Plaintiff Thomas Robins sued Spokeo under the Fair Credit Reporting Act (FCRA) because Spokeo had inaccurate information about him in its profile.  Spokeo’s profiles are used by potential employers and others to search for data about people.  FCRA requires that information in profiles for these purposes be accurate, and it allows people to sue if information is not.

 

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The Need for a Privacy Profession Pathway: An Open Call for Privacy Law Fellowships

Daniel Solove
Founder of TeachPrivacy

Privacy Profession Pathway

The privacy law profession is growing tremendously, but there is a challenge that we’re facing, one that I’d like to enlist your help in addressing – the bottleneck problem.  There is a huge bottleneck at the entry point to the field.  So I am calling on organizations to address this bottleneck by offering fellowships to recent law school graduates interested in privacy law.

Each year, I teach about 60-70 privacy law students, and there are many other professors teaching similar courses with large enrollments.  Many great students want to enter the field, but they find it very hard to do so because nearly every position requires a number of years of experience.

Bottleneck Problem

Unlike other field with a more developed entry point, privacy lacks an easy way in.  People have to do all sorts of career gymnastics to lateral sideways or slip in from other areas.  A while ago, I solicited advice on entering the profession and provided advice of my own, and I posted about it in my post, How to Enter the Privacy Profession.

On the other side, many organizations are seeking to fill privacy law positions but are having a hard time finding enough people with experience.

A Call to Create Privacy Law Fellowships

The privacy profession must address the bottleneck problem and develop a reliable pathway to the profession.

I am therefore calling on companies and organizations to create privacy law fellowships that would last 1-2 years.   If you create one, I will list it in my list of privacy law fellowships. Right now, the list is short, and most of the opportunities are in NGOs and the government, with a handful from the private sector.  I’d like to triple or quadruple this list . . . and hopefully make it even longer than that.

So if you’re on the privacy team at an organization, please look into creating a fellowship position.  If you’re a privacy law professor, please join in my call.  A mature profession needs an entry point and a reliable pathway.  It’s time to make that happen for privacy law.

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6 Reasons to Visit the TeachPrivacy Booth at the IAPP Summit 2016

Daniel Solove
Founder of TeachPrivacy

TeachPrivacy privacy and security awareness training 03 IAPP

Please stop by the TeachPrivacy booth at the expo at the IAPP Summit.

 

1. Play our new game. 

See if you can spot all the privacy and data security risks in this scene.  Pick up a copy of the scene, see our poster, and try out our interactive module.

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The Solution to All Privacy and Data Security Problems Worldwide

Daniel Solove
Founder of TeachPrivacy

Solution to Privacy and Security Problems 02
After years of careful study and extensive analysis, I have arrived at a solution to all the privacy and data security problems worldwide. Although I’ve been advised that I shouldn’t give away such a perfect solution to such a vexing problem for free, my drive to altruism is simply too strong.

Without further ado . . .

Read the Solution to All Privacy and Data Security Problems Worldwide

Don’t collect personal data.

Further Elaboration

April Fool’s!

There is another solution — not quite a miracle cure all, but definitely very helpful — privacy and cybersecurity training!  And that’s no joke.

With Professor Woodrow Hartzog, I have also solved the challenge of legal compliance more generally: The Ultimate Unifying Approach to Complying with All Laws and Regulations, 19 Green Bag 2d 223 (2016).

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The Triumph of the Privacy Profession: An Interview with Bamberger and Mulligan

Daniel Solove
Founder of TeachPrivacy

Woman in space

The past 20 years have seen the remarkable emergence of the privacy profession. Starting from nothing, this profession originally included a handful of people called Chief Privacy Officers (CPOs). Nobody grew up saying they wanted to be a CPO. Nobody knew what CPOs did.

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The Hulk Hogan Gawker Sex Video Case, Free Speech, and the Verdict’s Impact

Daniel Solove
Founder of TeachPrivacy

Wikicommons - Public Domain Photo by Kristin Fitzsimmons

In a high-profile privacy lawsuit, former pro-wrestler Hulk Hogan won a $115 million jury verdict against Gawker for posting his sex video without his consent. Hulk Hogan, whose real name is TerryBollea, brought a lawsuit for invasion of privacy and other torts.  Under one of the main privacy torts — public disclosure of private facts — one can be liable if one widely and publicly discloses private information about another that would be highly offensive to a reasonable person and not of legitimate concern to the public.

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Ransomware on a Rampage

Daniel Solove
Founder of TeachPrivacy

Ransomware Training 01

Ransomware is on a rampage!  Attacks are happening with ever-increasing frequency, and ransomware is evolving and becoming more powerful.

Several major media sites, such as the New York Times, BBC, AOL, and the NFL, were recently infected with malware that directed visitors to sites attempting to install ransomware on their computers.

Ransomware Malware Training

Ransomware has the potential to attack the Internet of Things.  In one instance, a researcher was able to infect a TV with ransomware.

Ransomware is now attacking smart phones.

Last month, one hospital paid $17,000 in ransom when ransomware attacked its computer system.  The computer network was down for more than a week, and patients had to be transferred to other hospitals.

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Surveillance and Our Addiction to Exposure

Daniel Solove
Founder of TeachPrivacy

Bernard-Harcourt-Exposed-02-720x340Bernard-Harcourt-ExposedBernard Harcourt’s Exposed: Desire and Disobedience in the Digital Age (Harvard University Press 2015) is an indictment of  our contemporary age of surveillance and exposure — what Harcourt calls “the expository society.” Harcourt passionately deconstructs modern technology-infused society and explains its dark implications with an almost poetic eloquence.

Harcourt begins by critiquing the metaphor of George Orwell’s 1984 to describe the ills of our world today.  In my own previous work, I critiqued this metaphor, arguing that Kafka’s The Trial was a more apt metaphor to capture the powerlessness and vulnerability that people experience as government and businesses construct and use “digital dossiers” about their lives.  Harcourt critiques Orwell in a different manner, arguing that Orwell’s dystopian vision is inapt because it is too drab and gray:

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The Funniest Hacker Stock Photos 2.0

Daniel Solove
Founder of TeachPrivacy

Security Training

Back by popular demand, it’s time for another round of the funniest hacker stock photos.  Because I create information security awareness training (and HIPAA security training too), I  frequently find myself in need of a good hacker photo.

But good hacker photos are hard to find.  I often browse through countless images, each one more ridiculous than the next.

Last year, I brought you some of the funniest hacker stock photos I found. There are more . . . oh so many more!  Here are the lucky “winners” this year. Continue Reading

Can the FBI Force Apple to Write Software to Weaken Its Software?

Daniel Solove
Founder of TeachPrivacy

Privacy Awareness TrainingA dramatic legal battle is taking place that will have dramatic implications for the future of technology, privacy, security, and the extent of government power.  The FBI obtained an order from a magistrate judge to force Apple to develop software to help the FBI break into an encrypted iPhone.

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The 5 Things Every Privacy Lawyer Needs to Know about the FTC: An Interview with Chris Hoofnagle

Daniel Solove
Founder of TeachPrivacy

Privacy and Security Training

The Federal Trade Commission (FTC) has become the leading federal agency to regulate privacy and data security. The scope of its power is vast – it covers the majority of commercial activity – and it has been enforcing these issues for decades. An FTC civil investigative demand (CID) will send shivers down the spine of even the largest of companies, as the FTC requires a 20-year period of assessments to settle the score. Continue Reading

Information Security Training: Focus on the Human Problem

Daniel Solove
Founder of TeachPrivacy

Information Security Awareness Training Plan B

I created a new poster about information security training, which is debuting at the RSA conference.  This poster is based on the fact that the vast majority of information security incidents and data breaches occur because of human mistakes.   Information security is only in small part a technology problem; it is largely a human problem.

If you’re at RSA and are interested in information security awareness training, please drop by the TeachPrivacy booth at Moscone North 4802.

RSA Conference 2016

You can pick up a copy of this poster.  And you can also learn about our newest training, which includes a really neat Where’s Waldo style game where users spot privacy and security risks.

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Spot the Privacy and Security Risks Training Game

Daniel Solove
Founder of TeachPrivacy

Spot the Risks Privacy and Information Security Awareness Training

I’m pleased to announce a new training program:  Spot the Risks: Privacy and Security. The program is a Where’s Waldo style risk-spotting game that takes about 5 minutes to complete.  Trainees are asked to spot the risks in an office.  Feedback is provided about each risk so trainees learn many of the most important best practices.

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Without Scalia, Will There Be a 4th Amendment Revolution?

Daniel Solove
Founder of TeachPrivacy

title image

The passing of Justice Antonin Scalia has brought a wave of speculation about current and future U.S. Supreme Court cases.  One area where there might be a significant impact will be the 4th Amendment, which provides the primary constitutional protection against government surveillance and information gathering.  A new justice could usher in a dramatic expansion in 4th Amendment protections against government surveillance.

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A List of Privacy Law Fellowships

Daniel Solove
Founder of TeachPrivacy

Opportunity Business Fotolia_66071917_S 03

One way to enter the privacy profession is to do a fellowship, and fortunately, an increasing number of fellowship opportunities are emerging.

I have written about the challenges of breaking in to the privacy law profession, especially the challenges that recent law school graduates will face.  There are no established career paths in this field yet, so it takes some effort to get started.  Once you’re in the club, you’ll be in big demand, but there’s a bottleneck at the entrance.  This is why fellowships can be a great way to kick start a career in privacy law.

Here are a few fellowships related to privacy that I’m aware of.  If you know of others I should add to the list, please email me.

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A New US-EU Safe Harbor Agreement Has Been Reached

Daniel Solove
Founder of TeachPrivacy

EU-US Privacy Shield Safe Harbor Training

Last year, the death of the US-EU Safe Harbor Arrangement sent waves of shock and despair to the approximately 4500 companies that used this mechanism to transfer personal data from the US to the EU.  But a new day has dawned.

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Notable Privacy and Security Books from 2015

Daniel Solove
Founder of TeachPrivacy

title

By Daniel J. Solove

For several years, I have been posting about notable books on privacy and security, and this post lists some of the notable books from 2015.  To see a more comprehensive list of nonfiction works about privacy and security, you might consult this resource page that Professor Paul Schwartz and I maintain: Nonfiction Privacy + Security Books.

Now, without further ado, here are some of the many privacy and security books published in 2015:

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What Can We Learn From Bad Passwords?

Daniel Solove
Founder of TeachPrivacy

Title

By Daniel J. Solove

The SplashData annual list of the 25 most widely used bad passwords recently was posted for passwords used in 2015.  The list is compiled annually by examining passwords leaked during a particular year.  Here is the list of passwords for 2015, and below it, I have some thoughts and reactions to the list.

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Can the FBI Force Apple to Write Software to Weaken Its Software?

Daniel Solove
Founder of TeachPrivacy

title image

A dramatic legal battle is taking place that will have dramatic implications for the future of technology, privacy, security, and the extent of government power.  The FBI obtained an order from a magistrate judge to force Apple to develop software to help the FBI break into an encrypted iPhone.

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New Privacy and Security Awareness Training Programs

Daniel Solove
Founder of TeachPrivacy

security awareness training

I created some new training programs last year, and here are some of the highlights:

Security Training Malware -- Ransomware Attack

The Ransomware Attack (~5 mins)

This short program (~5 minutes) consists of an interactive cartoon vignette about malware.  The program is highly interactive, and trainees engage with a scenario involving ransomware. Although this program involves ransomware, the lessons it teaches apply broadly to all malware.  The program focuses on how to avoid having malware installed on one’s computer and what to do (and not to do) if this ever happens.

Module Lifecycle of Personal Data 01

The Life Cycle of Personal Data (~ 15 mins)

This privacy awareness training course (~ 15 minutes) is a highly-interactive overview of privacy responsibilities and protections regarding the collection, use, and sharing of personal data.  The course has 8 quiz questions. The course tracks the life cycle of personal data, starting from when it is collected or created. The course concludes with a discussion of data retention and destruction.

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The Ultimate Unifying Approach to Complying with All Laws and Regulations

Daniel Solove
Founder of TeachPrivacy

The Ultimate Unifying Approach to Complying with All Laws and Regulations

Professor Woodrow Hartzog and I have just published our new article, The Ultimate Unifying Approach to Complying with All Laws and Regulations19 Green Bag 2d 223 (2016).  Our article took years of research and analysis, intensive writing, countless drafts, and endless laboring over every word. But we hope we achieved a monumental breakthrough in the law.  Here’s the abstract:

There are countless laws and regulations that must be complied with, and the task of figuring out what to do to satisfy all of them seems nearly impossible. In this article, Professors Daniel Solove and Woodrow Hartzog develop a unified approach to doing so. This approach (patent pending) was developed over the course of several decades of extensive analysis of every relevant law and regulation.

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3 Types of Incidents Account for 86% of HIPAA Data Breaches

Daniel Solove
Founder of TeachPrivacy

HIPAA Data BreachA new report by Verizon, the PHI Data Breach report, analyzes 1,931 data breaches of protected health information (PHI) under HIPAA,  The incidents occurred between 1994 and 2014, with most occurring from 2004-2014.  An article from Computer World sums up the findings of the report.

Verizon 2016 Healthcare ReportOne interesting statistic is that 392 million PHI records were compromised in these breaches, more than the entire population of the United States.

The report notes that 3 types of incident account for 86% of the data breaches:

(1) Lost or stolen portable electronic devices

(2) Sending records to the wrong individual

(3) Improper access to PHI by employees

What do these things have in common?

These are problems that deal with the human factor.  The problems are preventable, and the risk of them can be significantly reduced through training.

To train on these things, organizations must do more then merely say: “Be careful” or “Do not do.”  The training must have an impact on people.  And education is most effective with repetition. People must be repeatedly educated, over and over again.

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Teaching Information Privacy Law

Daniel Solove
Founder of TeachPrivacy

Eyes Privacy 01

I originally posted a version of this post more than 10 years ago, in 2005.  I think it is important to re-post it, with a few updates.

I strongly recommend teaching information privacy law in law schools.  I have authored several textbooks in the field, and I know that this might seem like a self-plug.  But I really am a big believer that all law schools should have not just one course on information privacy law, but several — no matter what textbooks are used!

Information privacy law remains a fairly new field, and it has yet to take hold as a course taught consistently in most law schools.  Last year, I wrote a post complaining about the fact that only about 25% of law schools have a course on privacy law. I’m hoping to change all that.

Privacy Law

So if you’re an academic interested in exploring issues involving information technology, criminal procedure, or free speech, you should consider adding information privacy law to your course package.  If you’re a practitioner, consider teaching an information privacy law course as an adjunct.

Here are some reasons to teach the course:

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Is HIPAA Enforcement Too Lax?

Daniel Solove
Founder of TeachPrivacy

title

By Daniel J. Solove

ProPublica has been running a series of lengthy articles about HHS Office for Civil Rights (OCR) enforcement that are worth reading.

A Sustained and Vigorous Critique of OCR HIPAA Enforcement

A ProPublica article from early in 2015 noted that HIPAA fines were quite rare. The article noted that from 2009 through 2014, more than 1,140 large data breaches were reported to OCR, affecting 41 million people. Another 120,000 HIPAA violations were reported affecting fewer than 500 people. “Yet, over that time span,” the article notes, “the Office for Civil Rights has fined health care organizations just 22 times. . . . By comparison, the California Department of Public Health . . . imposed 22 penalties last year alone.”

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The Scope and Potential of FTC Data Protection

Daniel Solove
Founder of TeachPrivacy

FTC Privacy and Security

I am pleased to announce the publication of my article, The Scope and Potential of FTC Data Protection., 83 George Washington Law Review 2230 (2015).  I wrote the article with Professor Woodrow Hartzog.

FTC StatueThe article addresses  the scope of FTC authority in the areas of privacy and data security (which together we refer to as “data protection”).  We argue that the FTC not only has the authority to regulate data protection to the extent it has been doing, but that its granted jurisdiction can expand its reach much more. Normatively, we argue that the FTC’s current scope of data protection authority is essential to the United States data protection regime and should be fully embraced to respond to the privacy harms unaddressed by existing remedies available in tort or contract, or by various statutes. In contrast to the legal theories underlying these other claims of action, the FTC can regulate with a much different and more flexible understanding of harm than one focused on monetary or physical injury.

We contend that the FTC can and should push the development of norms a little more (though not in an extreme or aggressive way). We discuss why the FTC should act with greater transparency and more nuanced sanctioning and auditing.

The article was part of a great symposium organized by the George Washington University Law Review: The FTC at 100.

GW Law Review FTC Symposium

Here is a table of contents of the issue, along with links to where you can access each essay and article.

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The Value of HIPAA Training

Daniel Solove
Founder of TeachPrivacy

HIPAA Training

HIPAA expert Rebecca Herold offers a very compelling explanation of the value of HIPAA training.  She writes:

Information security and privacy education is more important than ever because new gadgets and technologies enable more healthcare workers to collect and share data.

In September 2015, Cancer Care Group agreed to settle HIPAA violations by paying a $750,000 fine and adopting a “robust corrective action plan to correct deficiencies in its HIPAA compliance program.” One of the major requirements for Cancer Care Group was to review and revise its training program, because the breach was caused by an easily preventable employee action (leaving a laptop with clear text files of 55,000 patients in an unsecured car).

Training needs to be more than once a year, and as soon as, or prior to, the start of employment. There also need to be ongoing awareness communications and activities, as required by HIPAA.

Every organization of every size needs to invest some time and resources into regular training and ongoing awareness communications. Besides being a wise business decision, it’s also a requirement in most data protection laws and regulations to provide such education.

To this, all I can say is: Amen.

Rebecca is the author of several great resources on HIPAA, including The Practical Guide to HIPAA Privacy and Security Compliance.

Rebecca Herold Practical Guide to HIPAA

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Privacy Need Not Be Sacrificed for Security

Daniel Solove
Founder of TeachPrivacy

NSA Surveillance

I’ve long been saying that privacy need not be sacrificed for security, and it makes me delighted to see that public attitudes are aligning with this view.  A Pew survey revealed that a “majority of Americans (54%) disapprove of the U.S. government’s collection of telephone and internet data as part of anti-terrorism efforts.”  The anti-NSA surveillance sentiment is even stronger in other countries, as is shown in this chart below.

Pew NSA Surveillance

According to the survey, “74% said they should not give up privacy and freedom for the sake of safety, while just 22% said the opposite.”

As I wrote in my book, Nothing to Hide: The False Tradeoff Between Privacy and Security (Yale U. Press 2011):

The debate between privacy and security has been framed incorrectly, with the tradeoff between these values understood as an all-or-nothing proposition. But protecting privacy need not be fatal to security measures; it merely demands oversight and regulation.

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Blogging Highlights 2015: Health Privacy+Security Issues

Daniel Solove
Founder of TeachPrivacy

HIPAA Training

I’ve been going through my blog posts from 2015 to find the ones I most want to highlight.  Here are some selected posts about health privacy and security:

Why HIPAA Matters: Medical ID Theft and the
Human Cost of Health Privacy and Security Incidents

care

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Blogging Highlights 2015: Cybersecurity Issues

Daniel Solove
Founder of TeachPrivacy

Cybersecurity Training

I’ve been going through my blog posts from 2015 to find the ones I most want to highlight.  Here are some selected posts about security:

The Worst Password Ever Created

worst password ever created

Should the FTC Kill the Password?
The Case for Better Authentication

title image

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Blogging Highlights 2015: Privacy Issues

Daniel Solove
Founder of TeachPrivacy

Privacy Training

I’ve been going through my blog posts from 2015 to find the ones I most want to highlight.  Here are some selected posts on privacy issues:

I. PHILOSOPHICAL

Privacy by Design:
4 Key Points

title image

What Is Privacy?

Solove Taxonomy of Privacy

II. PRIVACY LAW

Why All Law Schools Should Teach Privacy Law
— and Why Many Don’t

why law schools should teach privacy

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Ransomware’s Dilemma: Pay It or Not?

Daniel Solove
Founder of TeachPrivacy

Ransomware cybersecurity training

Ransomware is one of the most frightening scourges to hit the Internet.  Ransomware is a form of malware (malicious code) that encrypts a person’s files and demands a ransom payment to decrypt them.  If the money isn’t paid, the encryption keys are destroyed, and the data is lost forever.

Ransomware cybersecurity training

Ransomware began to emerge in 2009, and it has been rapidly on the rise.  Recently, it was ranked as the number one threat involving mobile malware.  According to one estimate, “at least $5 million is extorted from ransomware victims each year.”

Ransomware became a household name in 2013, when CryptoLocker infected about 500,000 victims in just 6 months.

Ransomware Cryptolocker security training 01CryptoLocker was eventually defeated.  But new variants of ransomware started popping up more frequently.

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10 Implications of the New EU General Data Protection Regulation (GDPR)

Daniel Solove
Founder of TeachPrivacy

EU GDPR Training General Data Protection Regulation

EU Flag EU Privacy TrainingLast week, the EU issued the General Data Protection Regulation (GDPR), a long-awaited comprehensive privacy regulation that will govern all 28 EU member countries.  Clocking in at more than 200 pages, this is quite a document to digest.  According to the European Commission press release: “The regulation will establish one single set of rules which will make it simpler and cheaper for companies to do business in the EU.”

The GDPR has been many years in the making, and it will have an enormous impact on the transfer of data between the US and EU, especially in light of the invalidation of the Safe Harbor Arrangement earlier this year.  It will has substantial implications for any global company doing business in the EU.  The GDPR is anticipated to go into effect in 2017.

Here are some of the implications I see emerging from the GDPR as well as some questions for the future:

1. Penalties and Enforcement

Under Article 79, violations of certain provisions will carry a penalty of “up to 2% of total worldwide annual turnover of the preceding financial year.”  Violations of other provisions will carry a penalty of “up to 4% of total worldwide annual turnover of the preceding financial year.”  The 4% penalty applies to “basic principles for processing, including conditionals for consent,” as well as “data subjects’ rights” and “transfers of personal data to a recipient in a third country or an international organisation.”

These are huge penalties.  Such penalties will definitely be a wake-up call for top management at companies to pay more attention to privacy and to provide more resources to the Chief Privacy Officer (CPO).  Now we can finally imagine the CEO at a meeting, with her secretary rushing over to her and whispering in her ear that the CPO is calling.  The CEO will stand up immediately and say: “Excuse me, but I must take this call.  It’s my CPO calling!”

EU Privacy Training Money

To date, EU enforcement of its privacy laws has been spotty and anemic, so much so that many characterize it as barely existent.  Will the new GDPR change enforcement?  With such huge fines, the payoff for enforcement will be enormous.  We could see a new enforcement culture emerge, with more robust and consistent enforcement.  If privacy isn’t much of a priority of upper management at some global companies, it will be soon.

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The Kafkaesque Sacrifice of Encryption Security in the Name of Security

Daniel Solove
Founder of TeachPrivacy

The Kafkaesque Sacrifice of Encryption Security in the Name of Security

By Daniel J. Solove

Proponents for allowing government officials to have backdoors to encrypted communications need to read Franz Kafka.  Nearly a century ago, Kafka deftly captured the irony at the heart of their argument in his short story, “The Burrow.”

After the Paris attacks, national security proponents in the US and abroad have been making even more vigorous attempts to mandate a backdoor to encryption.

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Does Cybersecurity Law Work Well? An Interview with Ed McNicholas

Daniel Solove
Founder of TeachPrivacy

Does Cybersecurity Law Work Well?  An Interview with Ed McNicholas

By Daniel J. Solove

“The US is developing a law of cybersecurity that is incoherent and unduly complex,” says Ed McNicholas, one of the foremost experts on cybersecurity law. 

McNicholas is a partner at Sidley Austin LLP and co-editor of the newly-published treatise, Cybersecurity: A Practical Guide to the Law of Cyber Risk (with co-editor Vivek K. Mohan).   The treatise is a superb guide to this rapidly-growing body of law, and it is nicely succinct as treatises go.  It is an extremely useful volume that I’m delighted I have on my desk.  If you practice in this field, get this book.  

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K-12 Schools Must Teach Data Privacy and Security

Daniel Solove
Founder of TeachPrivacy

K-12 Schools Must Teach Data Privacy and Security

By Daniel J. Solove

It is essential that children learn about data privacy and security.  Their lives will be fully enveloped by technologies that involve data.  But far too little about these topics is currently taught in most schools. 

Fortunately, there is a solution, one that I’m proud to have been involved in creating.  The Internet Keep Safe Coalition (iKeepSafe), a nonprofit group of policy leaders, educators, and various experts, has released the Privacy K-12 Curriculum Matrix.

The Privacy K-12 Curriculum Matrix is free.  It can be used by any school, educator, or parent.  It contains an overview of the privacy issues that should be taught, including which details about each issue should be covered in various grade levels.  It includes suggestions for appropriate learning activities for each grade level.

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Modernizing Electronic Surveillance Law

Daniel Solove
Founder of TeachPrivacy

title

By Daniel J. Solove

Next year, there will be a milestone birthday for the Electronic Communications Privacy Act (ECPA) – the primary federal law that regulates how the government and private parties can monitor people’s Internet use, wiretap their communications, peruse their email, gain access to their files, and much more.

This is no ordinary birthday for ECPA. In 2016, ECPA turns 30. Little did anyone think that in 1986, when ECPA was passed, that it would still remain largely unchanged for 30 years. In 1986, the Cloud was just something in the sky. The Web was what a spider made.

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Great Fictional Works About Privacy and Security

Daniel Solove
Founder of TeachPrivacy

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By Daniel J. Solove

At my annual event, the Privacy+Security Forum, which was held last month, one of the sessions  involved privacy and security in fiction. The panelists had some terrific readings suggestions, and I thought I’d share with you the write-up that they generated for their session. The speakers were:

Peter Winn, Assistant U.S. Attorney, U.S. DOJ and Lecturer, University of Washington School of Law

Heather West, Senior Policy Manager & Americas Principal, Mozilla

Kevin Bankston, Director, Open Technology Institute and Co-Director, Cybersecurity Initiative, New America

Joseph Jerome, Policy Counsel at Future of Privacy Forum

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The Growing Problems with the Sectoral Approach to Privacy Law

Daniel Solove
Founder of TeachPrivacy

Sectoral Omnibus Privacy Regulation

By Daniel J. Solove

The US regulates privacy with a sectoral approach, with laws that are directed only to specific industries.  In contrast, the EU and many other countries have an omnibus approach — one overarching law that regulates privacy consistently across all industries.  The US is an outlier from the way most countries regulate privacy.

About 15 years ago, the sectoral approach was hailed by many US organizations as vastly preferable to an omnibus approach.  Each industry wanted to be regulated differently, in a more nuanced way focused on its particular needs.  Industries could lobby and exert their influence much more on laws focused on their industry.  Additionally, some organizations liked the sectoral approach because they fell into one of the big gaps in regulation.

But today, ironically, the sectoral approach is not doing many organizations any favors.  There are still gaps in protection under the US approach, but these have narrowed.  In fact, many organizations do not fall into gaps in protection — they are regulated by many overlapping laws.  The result is a ton of complexity, inconsistency, and uncertainty in the law.

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