In some states, patients can hold providers accountable
for some unauthorized disclosures of health information about them under various tort theories, such as invasion of privacy and breach of a confidential relationship.
CIPSEA is contained in Public Law 107 - 347, Title V. and includes fines and penalties
for unauthorized disclosures of information collected under a pledge of confidentiality where the information is designated exclusively for statistical purposes.
Mr. Flanagan (R - East Northport), who chairs the senate's Standing Committee on Education, is also sponsoring legislation to create independent oversight, as well as establishing civil and criminal penalties
for unauthorized disclosure of personal information stored on the state's student data portal received from public schools.
It establishes civil and criminal penalties
for unauthorized disclosure information stored on the statewide database «inBloom,» and creates independent oversight within the New York State Education Department on matters related to privacy.
Not exact matches
Pew wants more regulations to protect the people who use these cards — the sorts of things now required
for checking accounts: clear
disclosure of terms and fees, an easy way to track transactions, FDIC insurance and protection from
unauthorized transactions.
SEC Chairman Jay Clayton issued a carefully worded statement that left room
for later
disclosures regarding further damage: «We believe the intrusion did not result in
unauthorized access to personally identifiable information (PII), jeopardize the operations of the Commission, or result in systemic risk.»
a) Steele was suspended and then terminated as an FBI source
for what the FBI defines as the most serious of violations — an
unauthorized disclosure to the media of his relationship with the FBI in an October 30, 2016, Mother Jones article by David Corn.
Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable
for disclosure of personal information obtained due to errors in transmission or the
unauthorized acts of third parties.
In real terms, these rules which exist in virtually every jurisdiction, include laws and regulations which forbid the
unauthorized use of state resources
for political purposes, contributions from dubious sources, violation of campaign funding limits as prescribed by enabling laws, the use of money to influence voters and election outcomes, non-disclosure of campaign spending, abuse of media, broadcasting and political advertising rules, and rules on declaration of assets, academic qualifications, health and other
disclosures and internal party guidelines and rules.
AAAS CEO Alan Leshner sent comments on the Department of Defense revised rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS)
for «preventing
unauthorized disclosure of export - controlled information and technology under DOD contracts.»
Therefore, MRQE assumes no responsibility nor any liability
for disclosure of your information (personally identifiable or otherwise) due to errors in transmission,
unauthorized third - party access or other causes beyond MRQE's reasonable control.
Legal limitations on your liability
for unauthorized transactions are summarized in the «Electronic Funds Transfer (EFT)
Disclosures» section.
If an IRS employee makes a knowing or negligent
unauthorized disclosure, the United States may be liable
for damages.
For purposes of identification and to prevent
unauthorized disclosures of tax information, you must know with whom you are speaking, complete name and title and the purpose of the call / contact.
Accordingly, you transmit information at your own risk and Loving Pets Corporation assumes no responsibility or liability
for disclosure of your information due to errors in transmission,
unauthorized or illegal access or other causes beyond Loving Pets Corporation reasonable control.
Disclosure of Information in Public Areas Personally identifiable information that you disclose in a public area of the Loving Pets Website, such as our share your story, may be collected and used by others who may then send you messages or other communications that you do not want to receive.
You are also responsible
for taking reasonable steps to protect your personal information against
unauthorized disclosure or misuse.
The rules now require «reasonable efforts» to avoid the «inadvertent or
unauthorized»
disclosure and access to client information, and
for lawyers to not only keep abreast of the law but technology, as well.
There were instances of
unauthorized access to ALM's systems, using valid security credentials, weeks before the actual data
disclosure, which gave further credence to the finding that ALM was not adequately monitoring its systems
for intrusion.
«In their present state, the impugned sections give the state the ability to arbitrarily protect whatever information it chooses to classify as «secret official» or «official» or
unauthorized for disclosure — and to punish by way of a criminal offence those «speakers,» «receivers» and «listeners» who come within that protected sphere.
Most notably, regarding third - party applications, the Assistant Commissioner determined that Facebook did not have adequate safeguards in place to prevent
unauthorized access by application developers to users» personal information, and furthermore was not doing enough to ensure that meaningful consent was obtained from individuals
for the
disclosure of their personal information to application developers.
These stakeholders say this program is offensive and invasive; areas of concern include
unauthorized or unnecessary data collection, use and
disclosure of personal information, forensic usage, usage as unique identifier — which can identify a person and his or her day - to - day activities through the linkage of various activities and databases — as well as function creep or biometric information collected being used
for different or additional purposes than originally stated by the authorities.
Such restrictions would protect against,
for example, the
unauthorized disclosure of information during a workplace - wide feedback or evaluation session.
Remedies
for misappropriation of a trade secret under the federal Act include injunctive relief, damages
for actual loss caused by the misappropriation, damages
for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages
for actual loss; or in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability
for a reasonable royalty
for the misappropriator's
unauthorized disclosure or use of the trade secret.
Both Parties agree that any
unauthorized use or
disclosure by the Receiving Party of the Disclosing Party's Confidential Information in a manner inconsistent with the terms of this Agreement may cause the Disclosing Party irreparable damage
for which remedies other than injunctive relief may be inadequate.
While most civil privacy claims relate to claims of improper
disclosure, the plaintiffs here objected to the
unauthorized retention and use of personal information — specifically, the retention of newborn blood samples
for medical purposes and (secondary) research purposes that were not disclosed at the time of collection.
Among the conditions
for group health plans to disclose information to plan sponsors, the plan sponsor must establish firewalls to prevent
unauthorized uses and
disclosures of information.
Response: We agree with the commenters that comprehensive legislation is necessary to provide full privacy protection and have called
for members of Congress to pass such legislation to prevent
unauthorized and potentially harmful uses and
disclosures of information.
However, in our view, it is probable that a court would find that an inadvertent or
unauthorized disclosure of privileged information on the Internet does not defeat the privilege
for such information.
[38] Recommendation: The data holder should have to notify the relevant privacy commissioner or privacy review officer of any breach involving
unauthorized disclosure of or access to personal information.27 The commissioner or officer should have the power to require the data holder to notify individuals if the statutory test
for notice is met.
Customer shall: (a) have sole responsibility
for the accuracy, quality, and legality of all Customer Data that is transmitted or otherwise provided to IEC and the means by which Customer acquired Customer Data; (b) ensure that all users receive any required
disclosures and appropriate training concerning the use of the Services; (c) use commercially reasonable efforts to prevent
unauthorized access to, or use of, the Services, and notify IEC promptly of any such
unauthorized access or use; (d) promptly inform IEC when the number of Active Users increases; and (e) use the Services (s) only in accordance with this Agreement, the Documentation and any applicable Laws.
9 DOS 94 Matter of DOS v. Shane - motion
for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure of reserving right to file post-hearing memorandum of law; MLS form listing agreements are acceptable; individual license not sufficient to allow acting as representative of corporate licensee - need affiliated license; agreements procured by individual acting under name of firm but without affiliated license are illegal and unenforceable - no brokerage fee can be claimed; misrepresentation and execution of
unauthorized extension; misrepresentation of law (distinction between canceling agency authority and abiding contract rights); RPL § 443 controls the
disclosures required of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty
649 DOS 02 DOS v. Holzbach —
disclosure of agency relationships; proper business practices; sanctions;
unauthorized practice of law; vicarious liability; broker fails to timely provide agency
disclosure form to buyer although
disclosure form could have been faxed to and received from buyer; broker back dated agency
disclosure form demonstrating incompetency; use of designated agent form without the use of required agency
disclosure form pursuant to RPL § 443 (4); use of «removal of contingency» addendum to contract which did not contain an attorney approval clause and was not on a form jointly approved by the County Bar Association and REALTOR Association constituted the
unauthorized practice of law; corporate broker liable
for the acts of its representative broker; proper to impose a higher fine after hearing than that which was offered in settlement (joint fine of $ 2,000.00 offered); associate broker fined $ 2,000.00, representative broker fined $ 1,000.00, and corporate broker fined $ 2,000.00
79 DOS 99 Matter of DOS v. Pagano -
disclosure of agency relationships; failure to appear at hearing; proper business practices;
unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency
disclosure form prior to entering into listing agreement and fails to timely provide agency
disclosure form to buyer upon first substantive contact; broker fails to make it clear
for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper
for broker to use listing agreements providing
for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the
unauthorized practice of law in preparing contracts
for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement
for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible
for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application
for renewal until proof of payment of sum of $ 2,000.00 plus interests
for deposits unlawfully retained