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The PT Law Blog

Data Security and Breach Notification Act of 2015

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Privacy, Data Protection and Security
Wednesday, 18 March 2015 16:19

By: Arthur M. Freyre

This past week Congresswoman Marsha Blackburn (R-Tenn.) and Congressman Peter Welch (D-Vt.) released a draft version of the Data Security and Breach Notification Act aimed at protecting consumers in regards to personal information collection. The bill will be subject to a congressional hearing before the House Committee on Energy and Commerce. Please note that since the legislation is still in its preliminary form, changes to this bill can be expected until it has been formalized and sent to the committee for a vote. The official document and current review status can be found on the Congressional Website.

Similar to our previous post on the White House’s bill, Personal Data Notification and Protection Act, this article will provide an overview of the act by addressing the following topics:

Read more... [Data Security and Breach Notification Act of 2015]

CLIENT ALERT — United States Government Publishes A List of Goods and Services that May Be Imported to the United States from Cuban “Cuentapropistas”

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Trade Security
Friday, 13 February 2015 11:51

CLIENT ALERT — United States Government Publishes A List of Goods and Services that May Be Imported to the United States from Cuban “Cuentapropistas”

Special Compliance Challenges in Store for Persons Subject to U.S. Law

By Jason I. Poblete

(Washington, DC) On Friday, February 13 the State Department released additional new regulations designed to create “new opportunities for Cuba’s nascent private sector” by allowing the import to the United States of products and services from Cubans not working directly for the government or a government agency. The import list addition to the Cuban Assets Control Regulations (“CACR”), 31 C.F.R. § 515 come less than a month after the Treasury and Commerce Departments issued new regulations on January 16 that made it easier for Americans to travel and spend money in Cuba. 

Read more... [CLIENT ALERT — United States Government Publishes A List of Goods and Services that May Be Imported to the United States from Cuban “Cuentapropistas”]

White House Releases Proposed Data Notification Bill

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Privacy, Data Protection and Security
Monday, 19 January 2015 18:10

By Arthur Freyre

Data privacy and cyber security were topics that President Obama touched upon this New Year.  The President promised to propose three bills before Congress dealing with these topics this past Monday at the Federal Trade Commission. The White House released the first of its three proposed bills later that week. 

The Personal Data Notification and Protection Act addresses the issue of data notification in the event of a data breach. This post will give you a brief overview of the White House’s proposed legislation.  This overview will address the following topics: (1) Who is covered? (2) How is data defined? (3) What is the protocol? (4) Who has jurisdiction? And (5) How does this affect state notification laws?  We will also address any possible issues that Congress may address as a result of this proposal. Please keep in mind that the legislation is in its early stages and this is not the final word on data breaches from Washington.

Read more... [White House Releases Proposed Data Notification Bill]

Privacy, Data Protection & Security

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Privacy, Data Protection and Security
Tuesday, 25 November 2014 11:17

By: Arthur M. Freyre

The breach of security and privacy systems in organizations and companies in the last several years, has created a heightened awareness of how important it is for companies and other organizations to protect client and customer data as well as personal information. 

While there is no one size-fits-all approach, a suitable approach to deal with this issue includes frequent data security audits by knowledgeable data security professionals who approach this matter in an inter-disciplinary manner. Failing to protect customer data or a data breach can result in not only damage to your business reputation, but also legal liability, regulatory sanctions, customer distrust, and reduced revenue.

Read more... [Privacy, Data Protection & Security]

Data Privacy: How Proactive Are You?

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Privacy, Data Protection and Security
Saturday, 08 November 2014 19:51

By Arthur Freyre, Esq.

The Florida Information Protection Act (FIPA) became law this past summer. FIPA requires that all entities need to take reasonable measures to protect personal information. For more information regarding FIPA, please my prior FIPA post. It will give you general overview of the law.

When defining reasonable measure, FIPA did not give a definition. This is such a new area of the law and, as such, it is to be expected; however, there is guidance available from various sources. For example, the International Association of Privacy Professional released a study of Federal Trade Commission’s (FTC) enforcement actions regarding data privacy.

Read more... [Data Privacy: How Proactive Are You?]

Learning from the Target Data Breach

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Privacy, Data Protection and Security
Sunday, 30 March 2014 16:09

By Arthur Freyre

At the height of last year’s Christmas shopping season, Target reported that some 40 million credit and debit cards were exposed to a possible data breach. The resulting breach led to fraudulent transactions and unprecedented customer data exposure. The U.S. Senate Commerce Committee launched an investigation aimed at understanding the breach and they released the results of this inquiry last week.

The Senate's findings can be summarized in two points: (1) Target allowed a vendor access to its network without proper due diligence and (2) Target failed to act on their own data security systems’ alerts. Target’s systems were compromised as a result of a vendor’s access to their network. Simply put, the small business did not have the proper security program to protect itself from hacking and was ultimately exploited in efforts to breach Target.

Read more... [Learning from the Target Data Breach]

Compliance and Economic Sanctions in the Virtual Arena, Workable and Never Ending

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Trade Security
Thursday, 30 January 2014 12:13

By Jason I. Poblete

The majority of U.S. economic sanctions laws and regulations designed for the brick and mortar world, continue to present compliance challenges for businesses offering goods and services on the web. The Internet makes it easier to get around and avoid sanctions, and export controls, but compliance remains necessary.

The brick and mortar rules, at a certain level, are almost impossible to enforce in the virtual world. Foreigners can use a variety of tools such to mask identity and place. Take this to the bank, the bad actors always find a way to break the law. This presents many challenges for companies with just about any sort of U.S. nexus.

Read more... [Compliance and Economic Sanctions in the Virtual Arena, Workable and Never Ending]

Assistant Secretary for the Western Hemisphere in Miami

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Public Policy
Saturday, 21 December 2013 11:10

By Arthur Freyre

(Coral Gables, Florida) Assistant Secretary for the Western Hemisphere, Ms. Roberta Jacobson, spoke before a group at the University of Miami Center of Hemispheric Affairs last week. Jacobson and several of her colleagues were in South Florida, in part, for a business conference.  Jacobson's speech focused on the Administration’s effort in Latin America. Jacobson focused most of her remarks on the issues of education exchanges between students in the United States and in Latin America, narcotics interdiction, and trade.

Cuba: A Lot of Issues Discussed, Much to Be Done

After the presentation, the floor was opened for questions. The first question dealt with Cuba and the now seemingly infamous handshake between President Obama and Raul Castro. Ms. Jacobson stated that “a handshake was just a handshake.” Her bigger concern was the interaction between the President and Brazil's president. 

Read more... [Assistant Secretary for the Western Hemisphere in Miami]

WSJ: US Sues Over Magnitsky Scandal-Linked Assets

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Trade Security
Wednesday, 11 September 2013 15:40

Today's Wall Street Journal reports that "[p]rosecutors filed a civil complaint seeking the assets of 11 companies linked to a $230 million Russian tax-refund fraud uncovered by deceased Russian lawyer Sergei Magnitsky." Read the entire story here.

Read more... [WSJ: US Sues Over Magnitsky Scandal-Linked Assets]

On the books for some time: National Emergency With Respect to Syria

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Trade Security
Monday, 09 September 2013 10:33

Jason I. Poblete

syria pol 2007Whenever the United States announces that it may engage in foreign military activities, a discussion invariably ensues in this town regarding the use of economic sanctions. Opponents of military action tend to urge more aggressive use of them, while sanctions detractors will argue that they do not work. The current national debate as to whether or not to use military force in Syria to punish the Syrian government for the alleged use of chemical weapons is a good example of this back and forth. 

Economic sanctions are tools, not a policy. They can be part of a clearly articulated foreign policy, without it, they are not very effective. It should also go without saying, in order to yield results sanctions need to be robustly enforced, usually over a prolonged period of time. Once the target nation or person has committed an offending action, if allowed to continue to do so, economic sanctions tend to do little to deter the offending acitivities in the future.

Read more... [On the books for some time: National Emergency With Respect to Syria]
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