Tag Archives: Data Security

Six Tips to Consider in Hiring Privacy and Data Security Experts

Facing increasingly pervasive issues relating to privacy and data security companies are faced with what qualifications they should think about when looking to hire experts in these areas, and their role within the company is becoming increasingly vital. Moreover, unlike hiring for other positions it is common that a CEO lacks the knowledge and background … Continue Reading

Virginia Responds to W-2 Phishing Scams with First of Its Kind Notification Requirement

As previously highlighted, in early February, the IRS issued a warning to all employers regarding the resurgence of a W-2 based cyber scam. Since the IRS warning, this type of scam has taken numerous victims.  On February 15, 2017, Virginia Wesleyan College released a notice stating that the 2016 W-2 tax form information of its … Continue Reading

Top 10 for 2017 – Happy Data Privacy Day

In honor of Data Privacy Day, we provide the following “Top 10 for 2017.”  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2017. 1.  Phishing Attacks and Ransomware – Phishing, as the name implies, is the attempt, usually via email, to obtain sensitive or personal … Continue Reading

DoD Updates Cyber Incident Reporting Rule

On October 4, 2016, a final rule was published in the Federal Register which implements statutory requirements for Department of Defense (DoD) contractors and subcontractors to report cyber incidents that result in an actual or potentially adverse effect on a covered contractor information system or covered defense information residing therein, or on a contractor’s ability to … Continue Reading

Sharing of Passwords Under Certain Circumstances Unlawful

Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July 5, 2016), the Ninth Circuit Court of Appeals was presented with the following facts:  Nosal, a former employee of Korn/Ferry … Continue Reading

EU-U.S. Privacy Shield Q&A

Last month, the European Union and U.S. officials announced final approval of the EU-U.S. Privacy Shield (Privacy Shield), replacing the Safe Harbor which was invalidated by the Court of Justice of the European Union in October 2015.  Like it predecessor, the Privacy Shield will allow organizations based in the United States to self-certify compliance with the Privacy … Continue Reading

The Privacy Shield Is Finally Here

Earlier today the European Union and U.S. officials announced the final approval of the EU-U.S. Privacy Shield data transfer agreement (“the Privacy Shield”).  Beginning August 1, 2016, organizations based in the U.S. will be able to self-certify their compliance with the Privacy Shield. The Privacy Shield is meant to replace the EU-U.S. Safe Harbour agreement … Continue Reading

5 Practice Tips for Law Firms as Data Breach Spotlight Swings Their Way

While data breach incidents affecting the entertainment, retail, healthcare, and financial industries have garnered more attention in past years, the data breach spotlight recently shifted to law firms. This shift was triggered by media coverage of the breach and leak of the Panama Papers, and by reports that, in 2015, hackers breached the networks of … Continue Reading

Illinois Enacts Amendments to the Personal Information Protection Act

Last month, Illinois Governor Bruce Rauner signed into law a number of amendments to the State’s Personal Information Protection Act (“PIPA”) that expand the definition of protected personal information and increase certain data breach notification requirements.  The amendments, highlighted below, take effect January 1, 2017. Currently, “personal information” is limited to an individual’s first name … Continue Reading

European Parliament: EU-U.S. Privacy Shield Needs Further Improvement

Earlier today, the European Parliament passed a non-legislative resolution saying the EU Commission should go back to negotiating with the United States to remedy “deficiencies” in the proposed EU-U.S. Privacy Shield for EU citizens’ data which is transferred to the US for commercial purposes. The resolution, which passed by a vote of 501-119, with 31 … Continue Reading

Employers Beware of Phishing Scams

On April 20, 2016, a class action lawsuit was filed in the United States District Court, Southern District of California against Sprouts Farmers Market, Inc. The lawsuit was initiated by a former employee whose W-2 was allegedly disclosed as part of a phishing scam that occurred in late March 2016 amid reports that Sprouts’ employees … Continue Reading

Tennessee Amends Breach Notification Statute

On March 24, 2016, Tennessee’s breach notification statute was amended when Governor Bill Haslam signed into law S.B. 2005. Under the amendment, notification of a data breach must now be provided to any affected Tennessee resident within 45-days after discovery of the breach (absent a delay request from law enforcement).  Previously, and like the vast majority of … Continue Reading

The Inexplicit Requirement and Definitive Necessity for Employers to Implement Privacy Policies

In the face of seemingly daily news reports of company data breaches and the mounting legislative concern and efforts on both the state and federal level to enact laws safeguarding personal information maintained by companies, employers should be questioning whether they should implement privacy policies to address the protection of personal information they maintain on … Continue Reading

Internet of Things Bill Introduced

Recognizing the growing number of connected and interconnected devices, a bipartisan group of Senators recently introduced a bill which would convene a working group of Federal stakeholders to provide recommendations to Congress on how to appropriately plan for and encourage the proliferation of the Internet of Things (IoT). The Developing Innovation and Growing the Internet of … Continue Reading

Dwolla Fined $100,000 by CFPB in First Data Security Enforcement Action

The Consumer Financial Protection Bureau (“CFPB”) gave the fintech online payment sector a “wake up call” with an enforcement action against a Des Moines start up digital payment provider, Dwolla, Inc. (“Dwolla”). The CFPB alleged that Dwolla misrepresented how it was protecting consumers’ data. Dwolla entered into a Consent Order to settle the CFPB charges … Continue Reading

Reasonable Data Security Defined by California AG

Last week, California Attorney General, Kamala D. Harris – who has been mentioned as a potential nominee to fill Justice Antonin Scalia’s recently vacated seat on the U.S. Supreme Court – issued the California Data Breach Report (Report).  The Report provides an analysis of the data breaches reported to the California AG from 2012-2015. The … Continue Reading

FDA Issues Draft Guidance for Connected Medical Devices

Demonstrating a continued focus on information security, the Food and Drug Administration (FDA) published draft guidance on Design Considerations and Pre-market Submission Recommendations for Interoperable Medical Devices.  As the title indicates, the draft guidance focuses on issues manufacturers should address in the development and design of medical devices prior to sale to consumers.  This draft guidance … Continue Reading

Top 10 for 2016 – Happy Data Privacy Day

In honor of Data Privacy Day, we provide the following “Top 10 for 2016.”  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2016. EU/U.S. Data Transfer (status of Safe Harbor).  On October 6, 2015, the Court of Justice of the European Union (CJEU) ruled … Continue Reading

FDA Issues Draft Cybersecurity Guidance for Device Manufacturers

Last week, the U.S. Food and Drug Administration (FDA) issued draft guidance outlining important steps medical device manufacturers should take to address cybersecurity risks to keep patients safe and better protect the public health. The draft guidance, which details the agency’s recommendations for monitoring, identifying, and addressing cybersecurity vulnerabilities in medical devices after they have … Continue Reading

CFTC Approves Proposed Cybersecurity Regulations

Recognizing cyber security as one of the most important issues facing financial markets today, and identifying cyber-attacks as a top threat, the U.S. Commodity Futures Trading Commission (CFTC) unanimously approved proposed enhanced rules on cybersecurity for derivatives clearing house organizations, trading platforms, and swap data repositories.  The proposals, published in separate Federal Register Notices as Part … Continue Reading

FCC Data Security Enforcement Continues

Demonstrating its continued commitment to data security enforcement, the Federal Communications Commission (FCC) recently announced Cox Communications Inc., the nation’s third largest cable operator, agreed to pay $595,000 to resolve an investigation into whether the company failed to properly protect its customers’ personal information.  The agreement ends the first data security enforcement action brought by the FCC against … Continue Reading

Alabama Seeks To Become 48th State To Enact Breach Legislation

Alabama recently introduced a bill (S.B. 106) which would require notification in the event of a breach affecting the personal information of an Alabama resident.  While 47 states currently have laws requiring breach notification — most recently joined by Kentucky — New Mexico, South Dakota, and Alabama are the only states that do not. Notably, the proposed … Continue Reading
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