Identity Theft

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Reuters and other news outlets are reporting that Representative Mary Bono Mack has circulated draft legislation in response to the steady stream of data breaches that have occurred this year. According to the report, Senate Majority leader Harry Reid also has asked four Senate committees to pull together a comprehensive cybersecurity bill, hoping it will be…

Today the White House issued a Cybersecurity Legislative Proposal. The proposed legislation focuses on protecting the American people, the nation’s critical infrastructure, and the federal government’s computers and networks.  While legislation of this nature would simplify the breach reporting process for businesses, and overall streamline cybersecurity laws, a number of legislative attempts to do this have previously…

NBC’s Bob Sullivan reported on a rising trend of identity thieves targeting children. Why? Well, having no real credit history, most children’s credit is clean and good. Also, children, particularly younger children, are not going to be needing or looking at their credit for some time. These factors make children more attractive targets of identity theft.

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The National Association of Secretaries of State has recognized that the newest victims of identity theft are small and medium-sized businesses. These businesses need to take steps to safeguard not only personal information of customers, employees and others, but also the businesses’ corporate and financial data.
Continue Reading Small to Mid-Sized Businesses Wake Up! The National Association of Secretaries of State Warns Identity Theft Does Not Just Hurt Individuals

A recent criminal case involving a government employer harmed by a computer hacking incident affecting its personnel records may provide support for companies seeking to recover the costs they incur when taking appropriate steps to investigate these data incidents and mitigate harm when a breach is found to have occurred.
Continue Reading Restitution Includes Credit Monitoring Costs Following Data Breach Under CFAA

Last month, the Federal Trade Commission’s Bureau of Consumer Protection posted FAQs on its website to guide health care providers and health plans when their patients and subscribers are affected by medical identity theft. 

When most people hear about an identity theft or a data breach, they typically think about credit card data or Social Security…

As we reported here, the Senate passed legislation to clarify the application of the "red flag" rules to "creditors."  The law, the Red Flag Program Clarification Act of 2010, made its way through the House and, on December 18, 2010, was signed into law by President Barack Obama.

The Act makes clear that the red flag rules apply…

As reported by the American Bar Association and PHIprivacy.net, lawyers, accountants, health care providers and others soon may get some clarity as to whether the "red flag" rules apply to them. The United States Senate voted unanimously to pass the Red Flag Program Clarification Act of 2010. Under the Act, according to statements from Sen.

In another favorable decision for companies, the Maine Supreme Court ruled on September 21, 2010 that consumers affected by a data breach could not claim damages from the company unless they suffered uncompensated financial losses or some other tangible injury. 

The Maine Supreme Court addressed the following:

In the absence of physical harm or economic loss

…

Beginning March 1, 2010, businesses will be required to safeguard from identity theft and other dangers personal information about Massachusetts residents under a “written information security program” or WISP. Similar requirements exist in other states around the country, although those requirements generally are not as comprehensive as those becoming effective in the Bay state.…