Is Your Company Subject to Laws Regulating Safe Destruction of Documents?

by Christina Frangiosa

Many companies have document retention policies – in other words, policies determining how long they will keep certain kinds of documentation.  These policies also frequently cover when documents may be destroyed in the normal course of business.  (Assuming, of course, that no litigation is pending and that there is no other reason why the company would be legally obligated to keep these documents.)  It’s almost a business necessity these days given the cost of document storage.

It is also a fairly safe bet that by now, most people have heard about the potential risks associated with data breaches, or at the very least, have heard about the Target data breach during the holiday season in 2013.

However, did you know that many states regulate how personal information can be destroyed?  Or, more specifically, how documents and records that contain such personal information may be discarded?  To date, at least thirty-one states have enacted laws like this (the link attached omits the Delaware law that was just enacted).

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ABA IPL Publishes White Paper on Online Piracy and Counterfeiting

by Christina Frangiosa

On July 7, 2014, the ABA Intellectual Property Law (IPL) Section released its comprehensive white paper, outlining the results of its research and analysis of continuing concerns about online pirates and counterfeiters based overseas.  The white paper coins a term to describe the malfeasors:  Predatory Foreign Websites.

More information about the white paper, including a summary of the conclusions and recommendations it makes, can be found in its Press Release and in the copy of the White Paper available on the ABA IPL Section’s site.

Recent Presentations and Articles

by Christina Frangiosa

More articles on IP and privacy issues will be posted here soon, but in the meantime, here are several recent articles that have published in other media:

  • Participated in a panel discussion on Shutting Down Rogue Websites:  International and Domestic Solutions, before the ABA Section of Intellectual Property Law’s 29th Annual IP Conference, on April 3, 2014.  An article previewing the session was published by our law student reporter, Anna Oakes, who live-tweeted during the presentation (in accordance with the law student reporter program).  I re-tweeted relevant posts about our session that she and other law student reporters tweeted (see @PaTmLawyer).   An article and presentation slides were published in connection with this session, but they are only available to meeting attendees.
  • Interviewed by Smart Business Magazine, How to protect data security and customers’ trust, published on March 31, 2014.  This article briefly describes ways that companies can begin to plan ahead for potential breaches so that their response(s) to breaches can be carefully considered and (hopefully) well-executed.

In addition, on May 9, I will be presenting during the DRI’s Intellectual Property Litigation Seminar on the ability to recover attorney fees in copyright and trademark cases.  The article and presentation slides developed on this topic will be available to meeting attendees.

Following these presentations, more blog posts will begin to appear again.  What can I say?  It’s been a busy spring.

Stay tuned – more soon.

Today is Data Privacy Day!

by Christina Frangiosa

January 28 is “Data Privacy Day.”  In honor of the day, below are several links relating to efforts to protect the privacy of personal data and some tools for small businesses:

Council of Europe’s explanation of the purpose Data Privacy Day (now in its eighth year): http://www.coe.int/t/dghl/standardsetting/dataprotection/data_protection_day_en.asp
* Note that the Council of Europe published its “Handbook on European data protection law” (prepared in cooperation with the European Union Agency for Fundamental Rights (FRA) and the European Court of Human Rights) on January 28, which is available here: http://www.coe.int/t/dghl/standardsetting/DataProtection/TPD_documents/Handbook.pdf.    

European Union’s Data Protection Day initiatives, including promoting the reform of EU Data Protection laws:  http://europa.eu/rapid/press-release_MEMO-14-60_en.htm(see embedded video).

Federal Communications Commission’s Cyber Security Planner:  http://transition.fcc.gov/cyber/cyberplanner.pdf, which the FCC describes as a “a tool for small businesses to create customized cyber security planning guides.”  (More information about this tool can be found here:  http://www.fcc.gov/cyberforsmallbiz).

Federal Trade Commission’s Data Security (for Businesses):  http://business.ftc.gov/privacy-and-security/data-security.  

Microsoft’s Data Privacy Day resources:  http://www.microsoft.com/en-us/twc/privacy/data-privacy-day.aspx

Stay Safe Online’s Data Privacy Day Site:  http://www.staysafeonline.org/data-privacy-day/landing/— and specifically their library: http://www.staysafeonline.org/data-privacy-day/privacy-library.

Online Trust Alliance’s Data Privacy Day Site:  http://otalliance.org/news/DataPrivacyDay.html— includes for example, its 2014 Data Protection & Breach Readiness Guide.

New “Personal Information Privacy” Legislation Introduced

by Christina Frangiosa

On January 8, 2014, Sen. Patrick Leahy (D-Vt) re-introduced a personal privacy protection bill intended “to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information.”  Personal Data Privacy and Security Act of 2014, S. 1897 at preamble (introduced Jan. 8, 2014).  Sen. Leahy introduced prior versions of this bill in 2005, and in each of the four Congresses since.  Press Release, “Leahy Reintroduces Data Privacy Legislation,” Jan. 8, 2014.

Sen. Leahy’s published summary of the bill provides a detailed list of the key components.  There are two principal titles in this bill:  1) Enhancing Punishment for Identity Theft and Other Violations of Data Privacy and Security; and 2) Privacy and Security of Personally Identifiable Information (“PII”).  (There is a third title, relating to compliance with a statutory Pay-As-You-Go Act, but the text is a short paragraph and just relates to budget compliance.)  See Leahy’s Section-By-Section Analysis of the Bill.

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