In recent years, there has been an uptick of W-2 phishing scams, and their consequences for an employer extend well beyond leaked data, including potential employee class action litigation. Just last week, a federal court in Illinois rejected a motion for class certification in a data breach case alleging disclosure of employees’ sensitive tax information
personally identifiable information
Federal Contractors: Have You Done Your Privacy Training?
Federal contractors know all too well the list of annual requirements and obligations can seem overwhelming at times. One that may get overlooked by some is annual training requirements. A fairly new such training went into effect in 2017 – it requires certain federal contractors to do annual data privacy training.
According to the U.S.…
Michigan Considers Enhanced Data Breach Notification Law
Privacy and security continue to be at the forefront for legislatures across the nation, despite (or perhaps because of) the COVID-19 pandemic. In late May, with back-to-back amendments, Washington D.C. and Vermont significantly overhauled their data breach notification laws, including expansion of the definition of personal information, and heightened notice requirements. Now, Michigan may follow…
Personal Information, Private Information, Personally Identifiable Information…What’s the Difference?
When privacy geeks talk “privacy,” it is not uncommon for them to use certain terms interchangeably –personal data, personal information, personally identifiable information, private information, individually identifiable information, protected health information, or individually identifiable health information. They might even speak in acronyms – PI, PII, PHI, NPI, etc. Blurring those distinctions might be OK for…
Maine and Nevada Sign into Law Consumer Privacy Laws
The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and started a shift in the consumer privacy law landscape. Many of these proposals…
Fourth Circuit Weighs in on Standing in Data Breach Litigation
Cybersecurity incidents are on the rise, and so too is data breach litigation brought by plaintiffs who allege they were harmed by the unauthorized exposure of their personal information. Federal circuits across the United States are grappling with the issue of what satisfies the Article III standing requirement in data breach litigation, when often only…
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…
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…
SCOTUS Won’t Slime Viacom in Class Action Challenging Tracking Children Online
A class action alleging Viacom illegally obtained and disclosed personally identifiable information from children under the age of thirteen through the Nickelodeon website recently reached the end of line (almost) when the class’ petition for writ of certiorari was denied by the Supreme Court this month. The high court chose not to further define the…