Product Description

Recent updates:

• Update: April 2021

  Dear Subscriber:

  Thank you for choosing to stay current with this updated third edition of Data Security and Privacy in Massachusetts. Inside, you will find hundreds of updates on topics such as the following:

  • Electronic Communications Privacy Act. See chapter 2 for discussion of a 2020 Ninth Circuit decision in which the court addressed a third-party tracking cookie ecosystem involving Facebook plug-ins.

  • Computer Fraud and Abuse Act. See chapter 3 for discussion of a 2020 decision on the issue as to whether Massachusetts requires more than a violation of corporate policies or an employee’s duty of loyalty to advance a claim under the CFAA.

  • Ransomware. See chapter 6 for discussion of waivers of federal enforcement discretion with regard to breaches of data related to the HIPAA privacy rule and the telehealth environment during the current COVID-19 pandemic.

  • Communications Decency Act. See chapter 7 for new material pertaining to the intellectual property law exception to CDA Section 230 immunity and its impact as an alternate basis for avoiding secondary copyright infringement liability for online publishers of third-party content in the form of the Digital Millennium Copyright Act (DMCA).

  • State laws. In chapter 9, find discussion of a new approach to personally identifiable information (PII) in the United States, recognizing "rights" held by "data subjects" in information about them, even if not collected directly from or submitted by the individuals.

  We at MCLE trust that you will find this updated content useful in your data security and privacy practice and valuable in keeping your library current.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

Conceptions of Privacy and Security in a Digital World

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Chapter 2 expand

The Electronic Communications Privacy Act

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Peter J. Guffin, Esq., Pierce Atwood LLP
Vivek J. Rao, Esq., Pierce Atwood LLP

Exhibit 2A

- Wiretap Report 2019 Buy Form

Chapter 3 expand

Computer Fraud and Abuse Act

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Alexandra Capachietti, Esq., Executive Office of the Trial Court
Brooke A. Penrose, Esq., Day Pitney LLP
Howard J. Susser, Esq., ArentFox Schiff LLP

Exhibit 3A

- 18 U.S.C. § 1030, Fraud and Related Activity in Connection with Computers Buy Form

Chapter 4 expand

Fair Credit Reporting Act; Fair and Accurate Credit Transactions Act

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Gary Klein, Esq., Office of the Attorney General, Commonwealth of Massachusetts
Jared Rinehimer, Esq., Data Privacy and Security Division, Office of the Attorney General of MA

Chapter 5 expand

The Gramm-Leach-Bliley Act (GLBA)

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Ellen M. Giblin, Esq., Privacy Hub LLC

Exhibit 5A

- Regulatory Enforcement Authority for the Privacy, Safeguards, and Pretexting Rules Buy Form

Exhibit 5B

- Model Privacy Notice Form: Opt Out Buy Form

Exhibit 5C

- Model Privacy Notice Form: No Opt Out Buy Form

Chapter 6 expand

Information Security in Health Care: HIPAA and HITECH

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David S. Szabo, Esq., Locke Lord LLP

Exhibit 6A

- HIPAA Security Standards Matrix Buy Form

Chapter 7 expand

Congressional Response to the Internet

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Patrick J. Concannon, Esq., Nutter McClennen & Fish LLP

Chapter 8 expand

The Federal Trade Commission

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Exhibit 8A

- Red Flags Rule Guidelines Buy Form

Exhibit 8B

- GLBA Safeguards Rule Information Protection Program Elements Buy Form

Exhibit 8C

- FTC Health Information Breach Notification Rule Buy Form

Chapter 9 expand

Survey of State Data Security and Privacy Law

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Chapter 10 expand

Massachusetts Data Security Law and Regulations

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Amy Harman Burkart, Esq., Jones Day
C. Max Perlman, Esq., Gunderson Dettmer

Exhibit 10A

- Frequently Asked Questions Regarding 201 C.M.R. § 17.00 Buy Form

Exhibit 10B

- A Small Business Guide: Formulating a Comprehensive Written Information Security Program Buy Form

Exhibit 10C

- Standards for the Protection of Personal Information of Residents of the Commonwealth—201 C.M.R. § 17.00 Buy Form

Exhibit 10D

- OCABR 201 C.M.R. § 17.00 Compliance Checklist Buy Form

Exhibit 10E

- Personal Information: A Graphical Representation Buy Form

Exhibit 10F

- Helpful Websites Buy Form

Chapter 11 expand

Consumer/Retail Issues

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Chapter 12 expand

Network Service Providers

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Exhibit 12A

- Service Provider Data Security Questionnaire Buy Form

Chapter 13 expand

Vendors and Business Associates

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Exhibit 13A

- HIPAA Privacy and Security Compliance Agreement Buy Form

Chapter 14 expand

Cyber Risk Insurance and Risk Management

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James A. Kitces, Esq., Robins Kaplan LLP

Chapter 15 expand

Privacy and Security in M&A Transactions

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Kathleen M. Porter, Esq., Robinson+ Cole LLP

Exhibit 15A

- Sample Initial Due Diligence Request List for Privacy and Security M&A Buy Form

Exhibit 15B

- Sample Agreement Provisions for Privacy and Security Buy Form

Exhibit 16A

- House of Representatives Resolution 835 Buy Form

Chapter 16 expand

Current Developments

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

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Author(s)