Last week, the U.S. Food and Drug Administration (FDA) issued draft guidance outlining important steps medical device manufacturers should take to address cybersecurity risks to keep patients safe and better protect the public health. The draft guidance, which details the agency’s recommendations for monitoring, identifying, and addressing cybersecurity vulnerabilities in medical devices after they have
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
FTC’s Big Data Report Has Suggestions for the Workplace
Earlier this month, the Federal Trade Commission (“FTC”) issued a report discussing “big data.” The report compiles the agency’s learning from recent seminars and research, including a public workshop held on September 15, 2014. Known best for its role as the federal government’s consumer protection watchdog, the FTC highlights in the report a number
North Carolina Employees are not “Authorized” to Divert Employer Data
As the year draws to a close, employer claims under the Computer Fraud and Abuse Act (“CFAA”) against departing employees for stealing or otherwise diverting employer information without authorization to do so are dying slow deaths in many federal courts across the nation. As noted over on the Non-Compete and Trade Secrets Report, the
Employers Can Provide Credit Monitoring and Other Identity Protection Services to Employees Tax-Free BEFORE a Breach Happens, IRS Says
Earlier this year, we reported that the Internal Revenue Service clarified that it would not consider the value of credit monitoring and other identity protection services provided by employers to employees in connection with a data breach to be taxable income to the employees. IRS Announcement 2015-22. In response to comments, the IRS expanded this
DNC, Bernie Sanders’ Data Breach – Breaches Are Not Just About Social Security Numbers or Payment Cards
Are pundits discussing the personal information allegedly accessed by a campaign staffer for Bernie Sanders? No, not really, and that is the point.
Scheduled to debate tonight at St. Anselm College in Manchester, New Hampshire, Democratic presidential candidates Bernie Sanders and Hillary Clinton are almost certain to joust over an alleged intrusion into Clinton’s voter
EU Publishes Text of New General Data Protection Regulation
On December 17, 2015, following four years of sometimes acrimonious debate, the EU Parliament and Council of the European Union informally agreed on the final draft of the General Data Protection Regulation (“GDPR”). The GDPR will replace what privacy experts refer to simply as “95/48” –or the 1995 law known as EU Data Protection Directive—
Leading Cause of Data Breaches – Employee Error, ACC Survey Concludes
When people think about data breaches, they tend think more about the illegal hacking into computer networks by individuals, criminal enterprises or even nation states, than they do about simple employee error. This makes some sense as hacking incidents seem to be more interesting and draw more media attention. Holding this belief, however, can cause
FAST Act Calls for Examination of the Internet of Things
The Internet of Things (IoT), as defined by Wikipedia, is the network of physical objects or “things” embedded with electronics, software, sensors, and network connectivity, which enables these objects to collect and exchange data. The IoT allows objects to be sensed and controlled remotely across existing network infrastructure, creating opportunities for more direct integration between
Driver Privacy Act of 2015
An increasing number of companies have been installing or otherwise using some of the latest monitoring technologies in vehicles driven by employees – whether those vehicles are owned by the company or the employee – usually for safety and/or logistics management. These technologies include “event data recorders” or EDRs that capture a range of information