Identity Theft Loss Prevention (IDTLP)

Identity Theft Loss Prevention (IDTLP) We can help you keep your people's business . . . their business

We assist all businesses with reputation protection and to create a Defensible Position in
Information Protection.

So it's official in 30 days. Who's covered under these new regs? As usual, regulatory definitions for covered persons an...
04/24/2013

So it's official in 30 days. Who's covered under these new regs? As usual, regulatory definitions for covered persons and entities can seem somewhat nebulous. So let's say you're a mortgage loan originator or an independent contract insurance or securities broker? The consequences for non compliance could start a huge loss of reputation and a business ending event. Take time to read up on these new regs now and speak with your compliance or information security officer before they go into effect.

On April 10, 2013, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly issued final rules and…

03/16/2013

HIPAA/HITECH data breach rules spelled out

By now you are aware that the much anticipated final ruling from the Department of Health and Human Services (HHS) regarding regulations…

03/06/2013

What can happen when your linkdeIn account is hijacked by your employer?

Question: What happens when a company "hijacks" a former employee's LinkedIn profile? Answer: In some cases, that employee sues for identity theft…

Just because you say you're protecting your customer's information doesn't "make it so". What you may do is get your bus...
01/31/2013

Just because you say you're protecting your customer's information doesn't "make it so". What you may do is get your business prosecuted for "unfair and deceptive business practices" when a breach does occur. Check out this article and learn the seven elements you have to have before you say you're protecting anyone.

On January 28, 2013, the Federal Trade Commission announced a proposed settlement agreement with CBR Systems, Inc. ("CBR"), an operator of a cord…

Good article on financial account originations. I believe one key element not discussed here is to "know your new custom...
01/31/2013

Good article on financial account originations. I believe one key element not discussed here is to "know your new customer". In today's world of identity theft, verifying whom you are opening any account for is paramount to having a fact find and analysis completed and signed. Trust begins here for both of you.

In two recent posts, I highlighted the problems with incomplete account opening documents and those signed in blank. Now that you know the problem…

Final rule for HIPPAA/HITECH New definitions for "Breach" and audit protocols:
01/24/2013

Final rule for HIPPAA/HITECH New definitions for "Breach" and audit protocols:

Rule finalizes many provisions of the proposed rule, imposing new privacy and security obligations directly on business associates and modifying the…

Is your business defined under the FTC's new Identity Theft Red Flags rules? What are your prudent requirements with Ide...
12/17/2012

Is your business defined under the FTC's new Identity Theft Red Flags rules? What are your prudent requirements with Identity Theft Prevention?

After a three-year delay amid a swirl of controversy and litigation over the types of entities covered under the Identity Theft Red Flags Rule ("Red Flags Rule"), the Federal Trade Commission ("FTC") has bowed to the will of Congress and amended the rule to limit the scope of covered entities, as re...

While I found the proposed Red Flags requirements with merit, I felt the rule's focus misguided. I do not believe that t...
12/11/2012

While I found the proposed Red Flags requirements with merit, I felt the rule's focus misguided. I do not believe that the directive in the rule or development of a program focused on this rule is sufficient to protect consumers or offer a small business or larger organization an affirmative defense for breach protection. This is a link to my personal comment regarding the proposed Red Flags Rule on May 7th, 2012. Links to these rules are below this post:

Comment for Proposed Rule 77 FR 13450, Kenneth Orgoglioso,

SEC and CFTC Proposed Red Flags can be found here.
12/11/2012

SEC and CFTC Proposed Red Flags can be found here.

The Commodity Futures Trading Commission (``CFTC'') and the Securities and Exchange Commission (``SEC,'' together with the CFTC, the ``Commissions'') are jointly issuing proposed rules and guidelines to implement new statutory provisions enacted by Title X of the Dodd- Frank Wall Street Reform...

FTC Definitions for a Creditor or Financial Institution are codified into the final rule with a 60 day comment period. W...
12/11/2012

FTC Definitions for a Creditor or Financial Institution are codified into the final rule with a 60 day comment period. What's the plan?

On November 30, 2012, the Federal Trade Commission announced the issuance of an interim final rule (“Interim Final Rule”) that makes the definition of “creditor” in the FTC’s Identity Theft Red Flags Rule (“Red Flags Rule”) consistent with the definition contained in the Red Flag Program Clarificati...

You might want to be more careful than this employee. Facebook can be fair game for your employer!
12/06/2012

You might want to be more careful than this employee. Facebook can be fair game for your employer!

In yet another case of Facebook firing, the United States Court of Appeals for the Sixth Circuit (with jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) recently held in Jaszczyszyn v. Advantage Health Physician Network, that an employer did not violate the Family and Medical Leave Act ("FM...

11/22/2012

Again, another article directed towards HC providers that I believe is realaveant for all businesses that exchange information using a web page or a skype account.

The recent discovery of a security flaw that allows Skype accounts to essentially be hijacked has again raised the issue of the security of web-based platformsand whether providers can meet their HIPAA obligations when using these communication tools.

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