Archives: Identity Theft

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Data Breach in Georgia Affecting Six Million Voters Adds to 2015 National Tally

The Georgia Secretary of State acknowledged that last month his office improperly disclosed social security numbers and other private information for more than 6,000,000 registered voters in Atlanta due to a “clerical error.” Anyone in Georgia who is registered to vote (approximately 6.2M citizens) may be affected. The Secretary acknowledged that his office shares voter … Continue Reading

Senate Passes Cybersecurity Law as the Struggle Between Data Security and Privacy Continues

The Cybersecurity Information Sharing Act or CISA passed the Senate this week by vote of 74-21, but not without controversy. CISA would not establish a generally applicable federal standard for safeguarding personal information, nor would it enact a federal breach notification requirement. Rather, if signed into law, CISA would among other things create a framework … Continue Reading

Changes to California’s Data Breach Notification Requirements

On October 6, 2015, California Governor Jerry Brown signed three new laws which substantially alter and expand the state’s security breach notification requirements. The new changes to California Civil Code sections 1798.29 and 1798.82, the Golden State’s laws that require notifications by state agencies and private sector entities of certain breaches of security (i) provide … Continue Reading

Cancer Care Group to Pay $750,000 to Settle HIPAA Breach, as KPMG Finds 81 Percent of Hospitals and Health Insurance Companies had a Breach in the Past Two Years

On September 2, the Office for Civil Rights (OCR) reported that it agreed to settle potential violations of the HIPAA privacy and security regulations with Cancer Care Group, Inc. The dollar amount of the settlement, $750,000, is significant, and the agreement to adopt a robust, multi-year corrective action plan under the watchful eye of the … Continue Reading

Credit Monitoring Services Following Data Breach NOT Taxable Income to Employees, IRS Announces

When an employer is responding to a breach of their employees’ personal information, one of the last things they may think about is whether the value of the credit monitoring or other identity protection services they make available to affected employees should be considered taxable to the employees and reported as such. In Announcement 2015-22, the … Continue Reading

Nevada Updated Its Definition of Personal Information, Have You?

When businesses set out to safeguard “personal information,” a fundamental consideration is what that term means. Likewise, when negotiating a third-party vendor agreement, it typically is not enough to rely on the standard definition for “confidential information.” Recently, Nevada and other states have updated their definitions of personal information in connection data breaches notification and … Continue Reading

State Attorneys General Tell Congress – Don’t Preempt Our Breach Notification Laws!

In the wake of recent, large-scale data breaches, one being the breach at the Office of Personnel Management (OPM) affecting millions of federal employees, a number of bills have been battling their way through Congress to address breach notification and data security requirements at the federal level. There has been an ongoing pattern for years … Continue Reading

Courts Restrict Ability of Customers and Employees to Sue Companies Following a Data Breach, But Risks of Other Liabilities Remain

Among the multitude of unpleasant issues facing a company whose network has been breached is potential liability to customers and employees whose personal information has been compromised.  However, recent district court decisions from around the country continue to limit the opportunity of those customers and employees to have their day in court.  Specifically, these cases … Continue Reading

Connecticut Enacts SB 949 Requiring One Year of Free Identity Theft Protection Services For Certain Data Breaches

Senate Bill 949 is now law in Connecticut, after being signed by Governor Malloy on June 11. As we reported, this law amends the state’s current breach notification mandate to require that for breaches of certain personal information covered business must provide one year of free identity-theft protection for affected persons. So, beginning October 1, 2015, … Continue Reading

Connecticut May Require Businesses to Offer One Year of Identity Theft Protection Services Following a Data Breach, Joining Other States in Strengthening Notification Laws

Following a string of states across the country that have strengthened their data breach notification laws in recent months, Connecticut is about to amend its law to require, among other things, that businesses provide one year of identity-theft protection for persons affected by the breach. Many businesses already extend such services to breach victims, but, … Continue Reading

Will Your Cyber/Breach Insurance Be There When You Need It?

The answer to this question may depend on the actions that the insured takes when it applies for coverage and during the period the policy is in force. The demand for cyberinsurance that is intended to cover exposures from data breaches, among other things, has exploded in recent years, reports The Hill. This is due in large part … Continue Reading

Next Step in U.S. Postal Service Breach – NLRB Sues Postal Service

As discussed in an earlier post, shortly after the United States Postal Service reported a data breach potentially affecting hundreds of thousands of  employees, the American Postal Workers Union filed an unfair labor practice with the National Labor Relations Board alleging the Postal Service should have bargained with the union over the impact and response to the … Continue Reading

The Data Security and Breach Notification Act of 2015

On March 25, 2015, the United States House of Representative, Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade approved draft legislation which would replace state data breach notification laws with a national standard.  This draft legislation comes on the heels of the President’s call for a national data breach notification law.  The proposed legislation is … Continue Reading

Email Autofill Error Exposes Personal Information of G20 World Leaders

With breaches caused by payment card thieves and hackers dominating the news, it is easy for mid-sized and small companies to think that data breaches are unfortunate events that affect only large companies. Not only is this sentiment misguided, but in relative terms the information contained in exposed emails can cause far more damage to an organization than the loss … Continue Reading

Illinois Attorney General Seeks Stronger Data Breach Notification Law, Requirement to Safeguard Personal Information

Reacting to a report that identity theft was a top concern for Illinois residents (second in a list of ten), Attorney General Lisa Madigan announced a legislative proposal to strengthen the state’s existing data breach notification law. The call for stronger breach notification laws is a trend that has emerged in other states, such as … Continue Reading

Indiana Measure to Amend Breach Notification Law Passes Senate

Late last year we reported Indiana Attorney General Greg Zoeller was seeking legislation which would better protect the online personal and financial information of Indiana residents. That legislation, S.B. 413, was unanimously passed by the Indiana Senate on February 24, 2015.  Indiana’s bill follows similar efforts in New Jersey, New York and Oregon. As previously mentioned, the Indiana … Continue Reading

Indiana Joins a Growing List of States Seeking to Tighten Data Security and Data Breach Notification Requirements in 2015

As we reported, there are a number of signs pointing to a significant tightening of regulation and increased enforcement of data security mandates. Following efforts in New Jersey, New York and Oregon, Indiana Attorney General Greg Zoeller announced his office is seeking legislation that would better protect the online personal and financial information of Indiana … Continue Reading

New Data Protection Powers Requested in Oregon

On December 9, Oregon’s Attorney General, Ellen Rosenblum, announced to the Oregon House and Senate Judiciary Committee that she would be introducing legislation to expand existing personal data protections for Oregon consumers while implementing additional enforcement measures to combat non-compliance. According to Ms. Rosenblum, Oregon’s laws have not kept up with the rapid increase in … Continue Reading

Data Security in 2015 for Banks, HIPAA Covered Entities, and Small Businesses Too

Some have called 2014 the “Year of the Data Breach.” That may be true given the steady stream of large-scale data breaches affecting tens of millions of individuals. We do not know if this time next year commentators will be saying the same thing about 2015, but there are signs pointing to a significant tightening … Continue Reading


As we’ve discussed previously, medical identity information is worth more than ten (10) times that of financial information on the black market. This gives hackers a financial incentive to obtain such information that is maintained not only by medical providers and pharmacies but also by employers who provide medical insurance coverage to their employees. Employers … Continue Reading

Postal Workers Union Complains to NLRB About Post Office Data Breach

After being hit with a data breach, the last thing a company might want is the scrutiny of the union representing its employees affected by the incident. When the data breach potentially affecting hundreds of thousands of United States Postal Service employees was reported, it was not long after that the American Postal Workers Union … Continue Reading

California Minors Gain Privacy Rights in the Online World

Thanks to a new state law enacted to protect minors from the modern follies of youth, minors in California can ring in the New Year by permanently deleting their regrettable online posts. This so-called “Online Eraser Law” – signed by Governor Jerry Brown on September 23, 2013 – will take effect on January 1, 2015. … Continue Reading

Re-Emphasis on Third-Party Service Provider Security In Financial Services…A Reminder for All Businesses

A New York Times article earlier this week reported that top officials at the Treasury Department have identified a key area for strengthening data security – third-party service providers. Reuters reported that on Tuesday of this week New York State Department of Financial Services superintendent, Benjamin Lawsky, sent a letter to a number of banks inquiring … Continue Reading

Medical Information Worth 10x More Than Credit Card Data On Black Market

When many people think about identity theft and data breaches, they tend to think about credit card data and bank accounts. This makes sense given the large-scale breaches in the news lately. However, Reuters reported last week that medical information is “worth 10 times more than [] credit card number[s] on the black market” a trend that … Continue Reading