Data Security and Privacy in Massachusetts

Breach prevention, compliance, and the safeguarding of privacy

Product Number: 2180499B02
Publication Date: 1/17/2018
Edition: 2nd Edition 2018
Copyright: © 2018 MCLE, Inc.
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Data Security and Privacy in Massachusetts

Breach prevention, compliance, and the safeguarding of privacy

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Print Book 626 pages in 1 volume (printed book) with downloadable forms Note: For print books, with MCLE's supplementation service, new supplements and revisions are mailed automatically with an invoice. If you do not want to subscribe, please check the opt out option during checkout.

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Related Checklists and Forms

See Table of Contents below to purchase individual checklists and forms from this book. Price per exhibit: $18.00; Sponsor Members $15.00; New Lawyers $13.50

Product Description
Table of Contents
Editors & Authors

Product Description
Product Description

In the era of big data, issues of privacy, security breach prevention, and the need for compliance with federal law have come to dominate the practice of information governance in commercial and institutional settings. If you counsel a business or an institutional entity, knowledge of the regulations is critical. Written by experts in this complex and ever-evolving area of the law, this book provides you with a working familiarity with data security compliance, breach prevention, and the protection of privacy.

**Winner of the Association for Continuing Legal Educations 2016 Award for Outstanding Achievement in Publications**

Recent updates:
- Update: January 2018
  Dear Subscriber:
  
  Thank you for purchasing the 2018 edition of Data Security and Privacy in Massachusetts. In this edition, you will find updates on a multitude of topics, including:
  - Wiretapping; recent case law. See Chapter 2 for a discussion of the Wiretap Act with regard to the interception of Wi-Fi communications.
  - Credit security freezes. See Chapter 4 for a discussion of how Massachusetts consumers can request a security freeze, also called a credit freeze, on the consumer's file with a CRA. G.L. c. 93, § 62A.
  - Regulation P of the Gramm-Leach-Bliley Act; FTC settlement with TaxSlayer.com. Chapter 5 includes perspectives on the FTC's proposed settlement with TaxSlayer.com, and on the privacy rule (known as Regulation P under the CFPB version) generally.
  - Negative online reviews. Chapter 7 includes commentary on a 2016 case where a business sued Yelp, Inc. alleging business defamation based upon a negative consumer review, and the Ninth Circuit Court of Appeals' ruling.
  - Federal Trade Commission litigation. See Chapter 8 for discussion of two important FTC settlements in 2017.
  We at MCLE trust that you will find this new edition of Data Security and Privacy in Massachusetts useful in your practice and valuable in keeping your data security and data privacy library current.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., Director of Publications
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Conceptions of Privacy and Security in a Digital World
Buy Chapter
Stephen Y. Chow, Esq., Hsuanyeh Law Group, PC

Chapter 2 expand

The Electronic Communications Privacy Act
Buy Chapter
Peter J. Guffin, Esq., Pierce Atwood LLP

Exhibit 2A
- Wiretap Report 2016 Buy Form

Chapter 3 expand

Computer Fraud and Abuse Act
Buy Chapter
Alexandra Capachietti, Esq., Boston Municipal Court, Commonwealth of Massachusetts
Brooke A. Penrose, Esq., Burns & Levinson LLP
Merton E. Thompson, IV, Esq., Burns & Levinson 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
Buy Chapter
Gary Klein, Esq., Office of the Attorney General, Commonwealth of Massachusetts
Corinne A. Reed, Esq., Burns & Farrey, PC
Jared Rinehimer, Esq., Consumer Protection Division, Office of the Attorney General, Commonwealth of MA

Chapter 5 expand

The Gramm-Leach-Bliley Act (GLBA)
Buy Chapter
Ellen M. Giblin, Esq., Philips

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
Buy Chapter
David S. Szabo, Esq., Locke Lord LLP

Exhibit 6A
- HIPAA Security Standards Matrix Buy Form

Chapter 7 expand

Congressional Response to the Internet
Buy Chapter
Patrick J. Concannon, Esq., Nutter McClennen & Fish LLP

Chapter 8 expand

The Federal Trade Commission
Buy Chapter
Stephen Y. Chow, Esq., Hsuanyeh Law Group, 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
Buy Chapter
Stephen Y. Chow, Esq., Hsuanyeh Law Group, PC

Chapter 10 expand

Massachusetts Data Security Law and Regulations
Buy Chapter
Andrea C. Kramer, Esq., Kramer Frohlich LLC
C. Max Perlman, Esq., Hirsch Roberts Weinstein LLP

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
- Action Plan for Complying with Massachusetts Data Security Regulations Buy Form

Exhibit 10G
- Twelve Practical Tips for Employers Buy Form

Exhibit 10H
- Helpful Websites Buy Form

Chapter 11 expand

Consumer/Retail Issues
Buy Chapter
Stephen Y. Chow, Esq., Hsuanyeh Law Group, PC

Chapter 12 expand

Network Service Providers
Buy Chapter
Sara Yevics Beccia, Esq.,

Exhibit 12A
- Service Provider Data Security Questionnaire Buy Form

Chapter 13 expand

Vendors and Business Associates
Buy Chapter
Stephen Y. Chow, Esq., Hsuanyeh Law Group, PC

Exhibit 13A
- HIPAA Privacy and Security Compliance Agreement Buy Form

Chapter 14 expand

Cyber Risk Insurance and Risk Management
Buy Chapter
James A. Kitces, Esq., Robins Kaplan LLP
Michael V. Silvestro, Esq., Skarzynski Black LLP

Chapter 15 expand

Privacy and Security in M&A Transactions
Buy Chapter
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

Chapter 16 expand

Current Developments
Buy Chapter
Stephen Y. Chow, Esq., Hsuanyeh Law Group, PC

Exhibit 16A
- House of Representatives Resolution 83 Buy Form
Editors & Authors

Editor(s)

Stephen Y. Chow, Esq., Hsuanyeh Law Group, PC, Boston

Author(s)

Sara Yevics Beccia, Esq.,

Alexandra Capachietti, Esq., Boston Municipal Court, Commonwealth of Massachusetts, Boston

Stephen Y. Chow, Esq., Hsuanyeh Law Group, PC, Boston

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

Ellen M. Giblin, Esq., Philips, Cambridge

Peter J. Guffin, Esq., Pierce Atwood LLP, Portland

James A. Kitces, Esq., Robins Kaplan LLP, Boston

Gary Klein, Esq., Office of the Attorney General, Commonwealth of Massachusetts, Boston

Andrea C. Kramer, Esq., Kramer Frohlich LLC, Boston

Brooke A. Penrose, Esq., Burns & Levinson LLP, Boston

C. Max Perlman, Esq., Hirsch Roberts Weinstein LLP, Boston

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

Corinne A. Reed, Esq., Burns & Farrey, PC, Boston

Jared Rinehimer, Esq., Consumer Protection Division, Office of the Attorney General, Commonwealth of MA, Boston

Michael V. Silvestro, Esq., Skarzynski Black LLP, Chicago

David S. Szabo, Esq., Locke Lord LLP, Boston

Merton E. Thompson, IV, Esq., Burns & Levinson LLP, Boston

Data Security and Privacy in Massachusetts

Breach prevention, compliance, and the safeguarding of privacy

Data Security and Privacy in Massachusetts

Breach prevention, compliance, and the safeguarding of privacy

Choose Format:

Product Description

Recent updates:

Table of Contents

Conceptions of Privacy and Security in a Digital World

The Electronic Communications Privacy Act

Exhibit 2A

Computer Fraud and Abuse Act

Exhibit 3A

Fair Credit Reporting Act; Fair and Accurate Credit Transactions Act

The Gramm-Leach-Bliley Act (GLBA)

Exhibit 5A

Exhibit 5B

Exhibit 5C

Information Security in Health Care: HIPAA and HITECH

Exhibit 6A

Congressional Response to the Internet

The Federal Trade Commission

Exhibit 8A

Exhibit 8B

Exhibit 8C

Survey of State Data Security and Privacy Law

Massachusetts Data Security Law and Regulations

Exhibit 10A

Exhibit 10B

Exhibit 10C

Exhibit 10D

Exhibit 10E

Exhibit 10F

Exhibit 10G

Exhibit 10H

Consumer/Retail Issues

Network Service Providers

Exhibit 12A

Vendors and Business Associates

Exhibit 13A

Cyber Risk Insurance and Risk Management

Privacy and Security in M&A Transactions

Exhibit 15A

Exhibit 15B

Current Developments

Exhibit 16A

Editor(s)

Author(s)