Tag Archives: access

SCOTUS Will Not Review CFAA Password Sharing Case

The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held in Nosal that David Nosal violated the CFAA by using his past assistant’s password to access his former employer’s … Continue Reading

New York AG Announces SHIELD Act

On November 2nd, New York Attorney General Eric T. Schneiderman announced his proposal of the SHIELD Act – Stop Hacks and Improve Electronic Data Security Act – a bill that would heighten data security requirements for companies and better protect New York residents from data breaches of their personal information. “It’s clear that New York’s … Continue Reading

Delaware: The Latest State to Amend its Data Breach Notification Law

Delaware joins the growing number of states that recently amended their data breach notification law. On August 17th, Delaware amended its data breach notification law with House Bill 180, the first significant change since 2005, effective 240 days after enactment (on or about April 14, 2018).  Delaware maintains the state law trend of requiring businesses … Continue Reading

2-Year Statute of Limitations Applies to HIV Patient’s Privacy Suit

A New Jersey appeals court recently ruled that a two-year statute of limitations applies to a claim by an HIV-positive patient asserting one of his doctors improperly disclosed his medical status to a third party without consent.  The three-judge Appellate Division panel rejected arguments by the doctor that the suit should be dismissed as time-barred … 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

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

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

Colorado Law Grants Employees Right to Access Personnel Files

Beginning January 1, 2017, employees in Colorado will now have a right to inspect and copy their personnel files.  Prior to this law, Colorado had no law granting private-sector employees access to their personnel records. Under the new law, upon a current employee’s request, an employer must allow that employee to inspect and obtain a copy … 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

European Commission Unveils EU-U.S. Privacy Shield (Update)

Earlier today, the European Commission (the Commission) issued a draft “adequacy decision” as well as the texts that will constitute the EU-U.S. Privacy Shield (the Privacy Shield). This includes the Privacy Shield Principles companies have to abide by, as well as written commitments by the U.S. Government on the enforcement of the arrangement, including assurance … 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

Federal Agencies Offer Guidance on Sharing Information About Cyber Threats

The federal Departments of Homeland Security, Defense and Justice and The Office of the Director of National Intelligence issued guidance on the implementation of the Cybersecurity Information Sharing Act of 2015 (CISA).  Among the four guidance documents issued by these agencies is one outlining the ways non-federal entities (which would include private employers) can share … Continue Reading

No Statutory Damages Under SCA Without Actual Damages

The U.S. Court Appeals for the Eleventh Circuit has ruled that statutory damages under the Stored Communications Act (SCA) are not available in a case where the plaintiff did not incur any actual damages. The case, Vista Marketing LLC v. Burkett, originated from an extremely contentious divorce proceeding.  While the majority of the  allegations in that … 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

The Status of the EU-U.S. Privacy Shield

As we previously reported, the EU and U.S. reached agreement last week on the EU-U.S. Privacy Shield to replace the invalidated EU-U.S. Safe Harbor Program for transatlantic data transfers.  While the announcement of the Privacy Shield is a relief to the thousands of companies who relied on the Safe Harbor Program, details remain unclear. What … Continue Reading
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