The New Jersey Assembly on December 15 unanimously approved, by a vote of 75-0, a bill designed to better protect consumers from identify theft. Bill A3146, if approved by the Senate, would expand the state’s law to include disclosure of a breach of security of online accounts.
Per the Identity Theft Resource Center, between
In a recent ruling, the U.S. Court of Appeals for the Second Circuit revived a claim against debt collector under the Telephone Consumer Protection Act (“TCPA”), finding that the recipient of the call never expressly consented to the calls.
The plaintiff, Albert Nigro, called the power company to discontinue service at the home
The New York Department of Financial Services recently published proposed regulations which would require virtual currency businesses operating in New York State to safeguard data and protect customer privacy.
Notably, the proposed regulations include requirements for virtual currency business to maintain cyber security programs and business continuity and disaster recovery plans.
Virtual currencies under the
The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account. 
In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident
Will NY’s highest court allow patients to sue medical practices for fiduciary duty breaches when their non-physician employees disclose confidential medical records?
Continue Reading New York’s Highest Court To Say Whether Medical Practice Can Be Sued For Wrongful Texts By Non-Physician Employee
A New York law, effective December 12, 2012, prohibits businesses and other entities from requiring individuals to disclose or furnish their Social Security Numbers for any purpose, subject to certain exceptions.
Continue Reading New York Tightens Protections on Social Security Numbers
A new law in New York (eff. April 1, 2011) and a flurry of bills across the country (New Jersey, Nevada, Florida, Connecticut and Oregon) are aimed at requiring businesses to deal with their electronic waste in one form or another. Before discarding that old laptop, businesses should make sure they do so securely and in accordance with applicable state law.
Continue Reading Wondering What To Do With Your “Electronic Waste”?
Keystroke logging (or “keylogging”) is the noting (or logging) of the keys struck on a computer keyboard. Typically, this is done secretly, so the keyboard user is unaware his activities are being monitored.
Several cases throughout the country have examined an employer’s use of keylogging. Recently, the Criminal Court of the City of New York held
Less than one month into 2010 the trend to address data security, destruction, and encryption has
continued among state lawmakers. Specifically, Florida, Michigan, Kentucky, Kansas, Pennsylvania, and New York all have introduced, reintroduced, or amended legislation of this kind.
While 5 states remain without data breach notice bills (Alabama, Kentucky, Mississippi, New Mexico, and South Dakota), Congress is considering legislation, the Data Accountability and Trust Act (DATA) (H.R. 2221), that would preempt all state notification laws and instead establish a national breach notice standard.
As we have previously mentioned, we anticipate data privacy and security legislation and case law to be at the forefront of legal issues in 2010. Employers should begin by reading the Data Security Primer and consider implementing comprehensive data security policies and procedures that would allow them to comply with the various state laws that may impact their business. Continue Reading Data Security, Destruction and Encryption Leads the Way for States in 2010
Health Net Inc., one of the nation’s largest publicly traded managed health care companies, recently notified authorities and informed affected persons, with a statement on its website, that the unencrypted personal information of 1.5 million current and former members, stored on a portable disk drive, is missing from the company’s Connecticut office. The company