Archives: Information Governance

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OCR Guidance on Use of Tracking Technologies Warrants Review of Website Tech

By Aleksandra Vold, Lynn Sessions and Stefanie Ferrari on December 13, 2022 Posted in Information Governance, Information Security

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued guidance regarding covered entities’ and business associates’ use of tracking technologies (the Guidance). As discussed in greater detail below, the Guidance reveals OCR’s position that an IP address is not just an identifier but is itself individually identifiable health information (IIHI) … Continue Reading

China Issues Draft Measures on Security Assessment of Cross-Border Data Transfer

By Daniel Pepper on November 5, 2021 Posted in Cybersecurity, Information Governance

On Oct. 29, 2021, the Cyberspace Administration of China (CAC) published the “Draft Measures on Security Assessment of Cross-Border Data Transfer” (Draft Measures) for comment through Nov. 28. The Draft Measures follow and are based on China’s Cybersecurity Law (CSL), Data Security Law (DSL), Personal Information Protection Law (PIPL) and related regulations. These measures appear … Continue Reading

Pairing Real-World™ Problems with Realistic Solutions – a Push for Practical Information Governance

By James A. Sherer and Adam Cohen on June 18, 2021 Posted in Information Governance

For those attorneys and information governance practitioners unfamiliar with recent pedagogic advancements, “real-world problem solving” moves teaching approaches away from the classical model that assumes individuals will operate logically and in self-interested ways to a more realistic view. The more realistic view then acknowledges the powers of wishful thinking, uneven knowledge across populations, and the … Continue Reading

Everything Data!

By Theodore J. Kobus III on January 21, 2020 Posted in Advertising, Breach Notification, Consumer Data, Cybersecurity, Data Breaches, HIPAA/HITECH, Incident Response, Information Governance, Information Security

Thank you to our clients and relationships, as well as to the BakerHostetler team who made the creation of the new Digital Assets and Data Management (DADM) Practice Group possible. In a world dependent on data, this group takes a 360-degree approach to the delivery of services and counsel to clients on how they manage … Continue Reading

The Video Privacy Protection Act: Watching the Courts Through Crossed Eyes

By Carolina Alonso, Alan L. Friel and Niloufar Massachi on March 7, 2018 Posted in Advertising, Behavioral Advertising, Children’s Privacy, Geolocation, Information Governance, Information Security, Marketing, Online Privacy, Privacy Class Actions

The Video Privacy Protection Act (VPPA), passed by Congress in 1988, is intended to prevent a “video tape service provider” from “knowingly” disclosing an individual’s “personally identifiable information” (PII) to third parties where that individual “requested or obtained … video materials,” such as “prerecorded video cassette tapes or similar audio visual materials.” At the time … Continue Reading

An Ounce of Prevention Is Better (and Cheaper) Than a Pound of Cure: It’s time for a data protection checkup.

By Alan L. Friel on June 8, 2015 Posted in Cybersecurity, Incident Response, Information Governance, Online Privacy

We recently released the first BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our law firm advised on in 2014. The report shows that human error was the number one cause of data security incidents we worked on last year, with employee negligence responsible … Continue Reading

Social Media’s Not For You—It’s About You: Risks for Organizations in a New Age of Sharing

By James A. Sherer and Melinda L. McLellan on April 20, 2015 Posted in Data Breaches, Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Social Media, Workplace Privacy

Social media and social networking, including websites and applications that allow users to create and share content, have become ubiquitous. Joining the social networking revolution may be very easy for individuals, but establishing best practices for organizations that want or need to be actively engaged with social media is not. Initial considerations tend to focus … Continue Reading

Bring Your Own Device (Everywhere): Legal and Practical Considerations for International BYOD Programs

By Melinda L. McLellan and James A. Sherer on March 30, 2015 Posted in Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Workplace Privacy

The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges for organizations of all sizes. Implementing a BYOD program is especially complex for companies that have employees who regularly travel … Continue Reading

2014 Information Governance Year in Review

By Judy Selby, James A. Sherer and Benjamin Barnes on December 19, 2014 Posted in Information Governance

2014 has been perhaps the biggest year Information Governance (“IG”) has seen. A relatively small and, if not unknown, at least undefined field only a few years ago has grown into an area of interest—and concern—to many organizations. The continued growth of data, the escalating threat of data breaches, the amazing ability to collect and … Continue Reading

Are you—or someone you love—a content hoarder?

By Judy Selby and James A. Sherer on September 18, 2014 Posted in Information Governance

Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with the possessions, and often stands in stark contrast to what an outsider or “normal” person’s perception. The idea of accumulating vast quantities of … Continue Reading

Moving Towards a Global Harmonized Approach to Cross-Border Data Transfers?

By Pamela Jones Harbour on March 14, 2014 Posted in Information Governance, Information Security, International Privacy Law, Online Privacy

Today, data can be transferred around the world instantaneously, making the global marketplace seem almost borderless. As any multinational company knows, however, compliance with each country’s data transfer and privacy laws can be onerous. As the U.S. contemplates data protection legislation, the FTC last week announced a joint initiative with agency officials from the European … Continue Reading

Governing Big Data

By Judy Selby on March 10, 2014 Posted in Cybersecurity, HIPAA/HITECH, Information Governance, Information Security, Medical Privacy

Sources and volumes of data are growing exponentially. Website clicks, social media, sensors, and card swipers are generating massive amounts of data every second. More and more enterprises are beginning to collect and utilize this Big Data for all kinds of purposes, including improved business intelligence, targeted marketing and fraud detection. With so much attention … Continue Reading

The Sedona Conference Hails the Advent of Value-Based Information Governance

By Judy Selby on February 18, 2014 Posted in Information Governance

Information Governance (IG) is emerging as one of the most important issues confronting organizations today, particularly in this age of Big Data and data breaches. The influential Sedona Conference (Sedona) recently weighed in on this evolving dialog and released for public comment its Commentary on Information Governance (the Commentary). Sedona has joined ARMA International and … Continue Reading

What? The Rules Committee Hearings Don’t Have A Hashtag?

By Karin Scholz Jenson, James A. Sherer and Jonathan A. Forman on February 7, 2014 Posted in Information Governance

This post is a joint submission with BakerHostetler Discovery Advocate blog. On a snowy Sixth Avenue this week, thousands of people packed the New York Hilton Midtown for the sensory overload that is LegalTech New York (#LTNY), the annual E-Discovery, privacy, and information governance bash. And today, just hours after the massive conference closed, the E-Discovery … Continue Reading

BakerHostetler Introduces Information Governance Capability

By BakerHostetler on February 6, 2014 Posted in Information Governance

NEW YORK, February 6, 2014—BakerHostetler announced today that is has formally organized a practice capability around clients’ needs in the area of Information Governance. The newly created cross-practice team, led by Partner Judy Selby and Counsel James Sherer, draws upon the firm’s established expertise in the areas of Privacy and Data Protection and E-Discovery Advocacy … Continue Reading