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Data Security and Privacy in Massachusetts

Breach prevention, compliance, and the safeguarding of privacy

Product Number: 2160252EBK
Publication Date: 4/27/2021
Edition: 3rd Edition 2021
Copyright: © 2021 MCLE, Inc.
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Data Security and Privacy in Massachusetts

Breach prevention, compliance, and the safeguarding of privacy

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Pricing: $145.00; Members: $130.50; New Lawyers: $72.50

Print Book 640 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

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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 Education's 2016 Award for Outstanding Achievement in Publications**

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 employeeâ€™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

Table of Contents
expand all

Chapter 1 expand

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

Chapter 2 expand

The Electronic Communications Privacy Act
Buy Chapter
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
Buy Chapter
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
Buy Chapter
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)
Buy Chapter
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
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., 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
Buy Chapter
Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Chapter 10 expand

Massachusetts Data Security Law and Regulations
Buy Chapter
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
Buy Chapter
Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Chapter 12 expand

Network Service Providers
Buy Chapter
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
Buy Chapter
Stephen Y. Chow, Esq., Stephen Y. Chow, PC
Editors & Authors

Editor(s)

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

Author(s)

Sara Yevics Beccia, Esq.,

Amy Harman Burkart, Esq., Jones Day, Boston

Alexandra Capachietti, Esq., Executive Office of the Trial Court, Boston

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

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

Ellen M. Giblin, Esq., Privacy Hub LLC, Marblehead

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

Brooke A. Penrose, Esq., Day Pitney LLP, Boston

C. Max Perlman, Esq., Gunderson Dettmer , Boston

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

Vivek J. Rao, Esq., Pierce Atwood LLP, Boston

Jared Rinehimer, Esq., Data Privacy and Security Division, Office of the Attorney General of MA, Boston

Howard J. Susser, Esq., ArentFox Schiff LLP , Boston

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

TOP

ALERT

Please note that MCLE will be closed on Monday, May 26, 2025 in observance of Memorial Day.

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

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

Exhibit 16A

Current Developments

Editor(s)

Author(s)