Archives: Data Security

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California May Lower the Standing Threshold in Data Breach Litigation

A key issue for any business facing class action litigation in response to a data breach is whether the plaintiffs, particularly consumers, will have standing to sue. Standing to sue in a data breach class action suit, largely turns on whether plaintiffs establish that they have suffered an “injury-in-fact” resulting from the data breach. Plaintiffs … Continue Reading

Fourth Circuit Weighs in on Standing in Data Breach Litigation

Cybersecurity incidents are on the rise, and so too is data breach litigation brought by plaintiffs who allege they were harmed by the unauthorized exposure of their personal information. Federal circuits across the United States are grappling with the issue of what satisfies the Article III standing requirement in data breach litigation, when often only … Continue Reading

California Governor Signs Into Law Groundbreaking Consumer Protection Law

As we reported earlier this week, California legislature Democrats reached a tentative agreement with a group of consumer privacy activists spearheading a ballot initiative for heightened consumer privacy protections, in which the activists would withdraw the existing ballot initiative in exchange for the California legislature passing, and Governor Jerry Brown signing into law, a similar piece … Continue Reading

Virginia Updates its Data Breach Notification Law to Include Tax Preparers

For the second consecutive year Virginia has amended its data breach notification law. In March 2017, in light of a warning issued by the IRS to all employers regarding the resurgence of a W-2 based cyber scam, Virginia Governor Terry McAuliffe approved, a first of its kind, amendment to Virginia’s data breach notification statute. The amendment … Continue Reading

California May Be Headed Towards Sweeping Consumer Privacy Protections

On June 21st, California legislature Democrats reached a tentative agreement with a group of consumer privacy activists spearheading a ballot initiative for heightened consumer privacy protections, in which the activists would withdraw the the existing ballot initiative in exchange for the California legislature passing, and Governor Jerry Brown signing into law, a similar piece of legislation, … Continue Reading

Vague FTC Order Addressing Data Security Struck Down by Federal Appellate Court

In a significant ruling that calls into question the Federal Trade Commission’s (“FTC”) authority to regulate a private company’s data security program, a federal appellate court of appeals ruled that the agency’s cease and desist order directing implementation of a data security program should be vacated as unenforceable. LabMD, Inc. v. Federal Trade Commission, No. … Continue Reading

Louisiana Updates its Data Breach Notification Law

And now it’s Louisiana’s turn! After several states recently enacted or strengthened existing data breach notification laws (Colorado, Arizona, South Dakota and Alabama just to name a few…), on May 20th , Louisiana Governor John Edwards signed an amendment to the state’s Database Security Breach Notification Law (Act 382) which will take effect August 1, … Continue Reading

Survey Finds Healthcare Workers Understand Security Measures But Still Share Sensitive Information Through Non-Secure Email

According to reports on a recent survey, the vast majority of healthcare workers share sensitive medical information using non-secure email. The survey, conducted by Kickstand Communications, reportedly found that 87% of healthcare workers surveyed admitted to this practice. These results echo other reports finding that employees and others with access to an organization’s confidential information … Continue Reading

The Supreme Court Will Rule on Data Breach Class Arbitration Suit

The U.S. Supreme Court recently granted a petition for review of a data breach lawsuit addressing the issue of whether parties can pursue a class arbitration when the language in the arbitration agreement does not explicitly allow for such, Lamps Plus, Inc. v. Varela , No. 17-988, certiorari granted April 30, 2018. The Court will have the … Continue Reading

Colorado Strengthens its Consumer Data Protection Law

Back in January, Colorado lawmakers on both sides of the aisle introduced a groundbreaking new bill requiring “reasonable security procedures and practices” for protecting personal identifying information, limiting the time frame to notify affected Colorado residents and the Attorney General of a data breach, and imposing data disposal rules, HB 1128. Now, Colorado Governor John … Continue Reading

Arizona Updates Its Data Breach Notification Law

Last month, South Dakota and Alabama became the final two states to enact a data breach notification law. In addition, many other states, in response to trends, heightened public awareness, and a string of large-scale data breaches, have continued amending their existing laws. Arizona is the latest state to update its data breach notification law to … Continue Reading

Are You Covered?

  The New Jersey State Bar Association recently met to discuss, among other things, our favorite topic: Cybersecurity. (Perhaps our esteemed Privacy, e-Communication and Data Security Practice Group chair was there….) We wanted to briefly mention two critical points discussed: Critical Point #1: The biggest risk out there is employees. We employees click on all … Continue Reading

The FTC Announces a National Cybersecurity Education Campaign for Small Businesses

The Federal Trade Commission (FTC) recently announced that it will launch a national education campaign to aid the small business sector in strengthening its cybersecurity and protecting its sensitive and personal data. The national education campaign builds on the FTC’s 2017 Small Business Initiative which included the creation of a new website: FTC.gov/SmallBusiness aimed at … Continue Reading

What’s Been Going on in New York Cyber Regulation since New York’s “first-of-their-kind” DFS regulations?

Co-Author: Thomas Buchan As reported in our blog post from November 6, 2017, the New York State Attorney General announced the release of the proposed Shield Act in early November, 2017. This new legislation (we have some links for you below) would make significant changes to New York’s cybersecurity provisions (primarily under General Business Law … Continue Reading

NIST Releases Updated Version of Its Cybersecurity Framework

On April 17th, the National Institute of Standards and Technology (“NIST”), a component of the U.S. Commerce Department, released Version 1.1 of the Framework for Improving Critical Infrastructure Cybersecurity (“Cybersecurity Framework Version 1.1”), which incorporates feedback from NIST-led workshops, public comments, and questions received by NIST team members over the last two years. The Cybersecurity … Continue Reading

Banks Cannot Skirt Contract Remedies in Data Breach Suit Against Retail Merchant

Attempting to advance a novel theory of law, several banks filed a class action in Illinois federal court against a grocery store chain arising out of a data breach that resulted in the theft of 2.4 million credit and debit cards. Community Bank of Trenton v. Schnuck Markets, Inc. After the breach, and based on … Continue Reading

Oregon Enacts Tougher Data Breach Notification Law

Oregon Governor Kate Brown signed a bill last month toughening the state’s already stringent data breach notification law, which will take effect on June 2, 2018.  The most significant change for companies to be aware of is the requirement that affected consumers be notified no later than 45 days following discovery of a breach.  Additionally, if … Continue Reading

New FTC Report Makes Security Recommendations to the Mobile Device Industry

Securing data held by mobile devices is largely reliant upon technology, and a recent report by the Federal Trade Commission (“FTC”) takes aim at how that technology can be both improved and better utilized. The report, published in February 2018 and titled, Mobile Security Updates: Understanding the Issues, presents findings based upon information requested by … Continue Reading

“Your Own Cybersecurity Is Not Enough”: NJ Physician Practice Fined Over $400,000 for Data Breach Caused By Vendor

Last week, New Jersey Attorney General Gurbir S. Grewal and the New Jersey Division of Consumer Affairs (“Division”) announced that a physician group affiliated with more than 50 South Jersey medical and surgical practices agreed to pay $417,816 and improve data security practices to settle allegations it failed to properly protect the privacy of more … Continue Reading

Alabama Becomes the Final State to Enact a Data Breach Notification Law

On March 28th, Alabama Governor Kay Ivey (R) signed into law the Alabama Data Breach Notification Act, Act No. 2018-396, making Alabama the final state to enact a data breach notification law. South Dakota Governor Dennis Daugaard signed into a law a similar statute one-week prior. The Alabama law will take effect June 1, 2018. Being … Continue Reading

South Dakota: The 49th State to Enact a Data Breach Notification Law

It’s official! Alabama is the only remaining state lacking a data breach notification statute. On March 21, 2018 South Dakota Attorney General Marty Jackley announced that Governor Dennis Daugaard signed into law the state’s first data breach notification law, after unanimous approval by both chambers of the state legislature a couple weeks prior. The law … Continue Reading

4 Resources That Make GDPR Compliance Less Painful

The deadline to comply with the GDPR’s complex and far ranging requirements is rapidly approaching.  As your organization races to implement its compliance program before the May 25, 2018 effective date, questions and concerns are likely to arise.  While there is no shortage of online guidance on the GDPR, finding answers to your specific questions … Continue Reading

An Employee’s Right of Erasure Under the GDPR

The implementation of the European Union’s General Data Protection Regulation (GDPR), with an effective date of May 25, 2018, is just around the corner, and with it will come pressure on the human resources (HR) department to update its approach to handling employee data. The GDPR significantly enhances employee rights in respect to control over … Continue Reading

Cost-Benefit Analysis 101 for Healthcare Providers

Nary a week goes by without news of a data breach by a healthcare provider…while there are certainly a good number of breaches resulting from a breach of cybersecurity defenses or from the wrongful exploitation of system security weaknesses, there is still a risk to healthcare providers resulting from the internal operations of the healthcare … Continue Reading
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