Monday, May 18, 2020


Did the lawyers share the information with IT?
Capital One Judge Skeptical That Breach Report Is Privileged
Law360 reports:
A Virginia federal magistrate judge tackling discovery issues in the sprawling litigation over Capital One’s massive 2019 data breach appeared unconvinced during a hearing Friday morning that consumers suing the bank are barred from seeing a cybersecurity firm’s report on the event.
Consumers within the multidistrict litigation are pushing to get hold of an incident report compiled in the wake of the event by prominent cybersecurity consultant Mandiant.
Capital One says that the analysis is privileged information because it was prepared to assist the bank’s legal counsel in the onslaught of litigation that followed the breach, though U.S. Magistrate Judge John F. Anderson seemed unconvinced of that during Friday morning’s virtual hearing on the dispute.
Read more on Law360.




Cartoon and a serious article.
Cartoon: De-Identifying PHI under HIPAA




No faces so no need for cameras?
Charlie Osborne reports:
The rollout of facial recognition cameras in London is facing disruption as citizens are now using face coverings that could potentially incapacitate the technology.
[…]
The police force is reportedly considering a pause on the scheme as so many in the capital are now wearing face masks. The UK government has urged citizens that need to use public transport — including crucial tube, bus, and train networks in London — to wear face coverings to help reduce the spread of COVID-19.
Read more on ZDNet.




There will be lots of this. Most, too late to help.
ICO Issues COVID-19 Guidance for Employers
On May 11, 2020, the UK Information Commissioner’s Office (“ICO”) published guidance on how employers should handle data in the event they choose to test their employees for COVID-19.


(Related)
Italian Supervisory Authority Publishes FAQs on Data Protection and COVID-19
On May 6, 2020, the Italian Supervisory Authority (“Garante”) published a list of frequently asked questions (“FAQs”) and answers on data protection and COVID-19 (see here, in English).




Options!
Guide to Videoconference Services
Consumer Reports – How to choose the right platform for work-from-home meetings or more casual virtual get-togethers: “For many of us, videoconferencing has morphed from an occasionally used tool into part of our daily routine, for both work and staying in touch with family, doctors, teachers, and friends. When we were in the office, the decision about which platform to use was often made by the IT department. Now, increasingly, it’s our call. The first step to picking a service is to get real about how you want to use it. If you’re just holding small, simple group meetings, try a consumer-grade video chat app, such as Apple FaceTime, Google Duo, or Facebook’s new Messenger rooms. But if you’re hosting larger meetings that require presentation features like document-sharing or whiteboarding, the next step up is a free version of the major business-oriented platforms, such as Cisco Webex, Google Meet (a replacement for Hangouts), Microsoft Teams (which will replace the company’s Skype), or Zoom. The host (or the host’s organization) is the only one who needs to register with a service and pay, if there’s a fee. We discuss the pros and cons of major services below, but you shouldn’t discount the importance of familiarity. If you’re used to a particular platform from the office, it’s likely to work for you at home, too…”




Possible, but I hope not. (I like to be within strangling distance of my students.)
Scott Galloway predicts a handful of elite cyborg universities will soon monopolize higher education
Intelligencer: “WeWork on its “seriously loco” $47 billion valuation a month before the company’s IPO imploded. Now, Galloway, a Silicon Valley runaway who teaches marketing at NYU Stern School of Business, believes the pandemic has greased the wheels for big tech’s entrĂ©e into higher education. The post-pandemic future, he says, will entail partnerships between the largest tech companies in the world and elite universities. MIT@Google. IStanford,. HarvardxFacebook. According to Galloway, these partnerships will allow universities to expand enrollment dramatically by offering hybrid online-offline degrees, the affordability and value of which will seismically alter the landscape of higher education. Galloway, who also founded his own virtual classroom start-up, predicts hundreds, if not thousands, of brick-and-mortar universities will go out of business and those that remain will have student bodies composed primarily of the children of the one percent. At the same time, more people than ever will have access to a solid education, albeit one that is delivered mostly over the internet. The partnerships he envisions will make life easier for hundreds of millions of people while sapping humanity of a face-to face system of learning that has evolved over centuries. Of course, it will also make a handful of people very, very rich. It may not be long before Galloway’s predictions are put to the test…”



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