Tag Archives: data breach

California Consumer Privacy Act Amendment Signed Into Law

On September 23, 2018, Governor Jerry Brown signed into law SB-1121 amending certain provisions of the California Consumer Privacy Act of 2018 (CCPA) which was enacted in June of this year. As we reported previously, CCPA will apply to any entity that does business in the State of California and satisfies one or more of … 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

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

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

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

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

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

Alabama Senates Passes Data Breach Notification Act

There are only two states in the U.S. that have yet to enact data breach notification laws, but that may change in 2018. Several weeks ago, the South Dakota state legislature announced that a data breach notification bill (Senate Bill No. 62) was pending.  Now, Alabama is following suit. On March 1st, the Alabama Senate … Continue Reading

South Dakota May Become 49th State to Pass a Data Breach Notification Law

Only two states in the United States lack data breach notification statutes, but that may change in 2018. If legislation pending in South Dakota passes, Alabama would be the only state without a data breach notification law. South Dakota Senate Bill No. 62 would create a breach notification requirement for any person or business conducting … Continue Reading

Employers Can Be Vicariously Liable for Employee Data Breaches

The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113 (QB]). Similar results have been reached in the U.S., but this is the first time the UK Court has addressed the issue of whether … Continue Reading

North Carolina AG Proposes Stronger Breach Notification and Personal Information Safeguard Requirements

Citing to estimates in 2017 “more than 5.3 million North Carolinians were … affected by a data breach,” Attorney General Josh Stein and Rep. Jason Saine announced on January 8 proposed legislation aimed at protecting state residents from becoming victims of identity theft. To do so, the “Act to Strengthen Identity Theft Protections” (see fact … Continue Reading

Federal Court Permits Former Employees’ Data Breach Claims to Move Forward

A data breach occurs in which an outside individual obtains your company’s employees’ W-2 forms including social security numbers, addresses, and salary information. As a result, your company notifies all affected employees, explains what occurred, and offers a complimentary two-year membership to a service that helps detect misuse of personal information.   Is your company liable … Continue Reading

Senate Bill Introduced to Protect Personally Identifiable Information

Primarily motivated by several recent massive data breaches, Senate Democrats recently introduced a bill geared toward protecting Americans’ personal information against cyber attacks and to ensure timely notification and protection when data is breached. The Consumer Privacy Protection Act of 2017 provides that companies that collect and hold data on at least 10,000 Americans would … Continue Reading

Lessons To Be Learned From The Breach Of Nearly 500,000 Individual Health Records Reported In September 2017

A recent report indicates that nearly 500,000 individual health records were breached in September 2017. This figure is taken from the 39 healthcare data breaches involving more than 500 records that were reported to the Department of Health and Human Services’ Office for Civil Rights in September 2017.  Healthcare providers suffered the most breaches with … Continue Reading

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

Data Breach Preparedness: A critical risk management priority for small and mid-sized businesses

After hearing a lot lately about big companies suffering data breaches, it is important to remember that, according to inc.com, half of all cyberattacks target small to mid-sized businesses (SMBs). Based on a 2016 State of SMB Cybersecurity Report, CNBC reported that in the prior 12 months half of all SMBs in the U.S. had been hacked. … Continue Reading

Not So Entertaining: Cybercrime in the Entertainment Industry

Although certain industries are known targets for cyber attacks – healthcare, financial, government – cyber attacks pose a threat to all sectors. Organizations in the entertainment industry have increasingly become targets of cybercrime. Over the past several years, a number of large entertainment companies have fallen victim to cybercriminals, resulting in the threatened and actual … Continue Reading

Enhanced HHS HIPAA Breach Reporting Tool May Aid Health Care Industry Data Security Efforts

Secretary Tom Price of the U.S. Department of Health and Human Services (HHS) announced his agency needs “to focus more on the most recent breaches and clarify when entities have taken action to resolve the issues that might have led to their breaches.” Accordingly, HHS’ Office of Civil Rights has launched a revised web tool … 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

Maryland Amends Personal Information Protection Act

The Maryland General Assembly has recently amended its Maryland Personal Information Protection Act, House Bill 974, effective January 1, 2018. Notable amendments expand the definition of personal information, modify the definition of breach of the security of the system, provide a 45-day timeframe for notification, allow alternative notice for breaches that enable an individual’s email … Continue Reading

An Ounce of Data Breach Prevention…Address Attorney-Client Privilege in Your Breach Planning

Data breach “horror” stories have become a new staple in today’s business environment. The frequency of attacks which threaten (or compromise) the security of business networks and information systems continually increases — in the health care space alone (which holds the dubious honor of Most Likely To Be Attacked), a FBI and HHS’ Office for … Continue Reading
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