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Credit Unions Continue to Demand New Data Security Standards for Retailers and Right to Recover Losses After a Breach

On September 3, 2014, following the news of a possible breach at Home Depot (which was confirmed on September 8), the National Association of Federal Credit Unions (NAFCU) called on Congress to enact new legislation to hold...more

Cloud Hacking Incidents May Prompt Congress and the Administration to Turn Attention Again to Mobile Privacy Issues

With the recent theft and release of several celebrities’ private photographs (many of which appear to have been taken with, and stored on, mobile devices), mobile privacy and the protection of sensitive data stored or...more

Amendments to California’s security breach notification bill head to governor: key action points for businesses

In what has become almost an annual ritual, California is poised to tweak its security breach notice law. Last year, in language DLA Piper lawyers helped to draft on behalf of the State Privacy & Security Coalition, the...more

Congress Putting Microscope on FTC Enforcement

On July 24, 2014, the House Committee on Oversight and Government Reform held a hearing entitled, "The Federal Trade Commission and Its Section 5 Authority: Prosecutor, Judge and Jury." The purpose of the hearing was to...more

Senate Judiciary Committee Plans Geo-Location Tracking Hearing

The Senate Judiciary Subcommittee on Privacy, Technology and the Law has announced it will hold a hearing on June 4, 2014, regarding the Location Privacy Protection Act of 2014....more

Getting To The Real Issue On The Senate Subcommittee's Advertising Report

The "Security" Part - When reading the Majority and Minority Staff Report from the Permanent Subcommittee on Investigations ("The Subcommittee") regarding the "Hidden Hazards to Consumer Security and Data Privacy" was...more

The Skinny on the White House Big Data Report

While the public debate on privacy has largely focused on how government, particularly the intelligence community, collects, stores, and uses data, President Obama earlier this year announced a comprehensive review of the...more

Target Becomes a Target: Proposed California Bill Aims to Make Retailers Liable for Data Breach Incidents

Following a string of high-profile data breaches and new data suggesting that approximately 21.3 million customer accounts have been exposed by data breach incidents over the past two years, the California legislature has...more

D.C. federal court reconsiders decision on FOIA requests to CFPB

Last September, a federal district court in Washington, D.C. issued an opinion on Freedom of Information Act (FOIA) requests made by Judicial Watch to the CFPB for documents relating to Richard Cordray’s recess appointment as...more

The Target Breach Update

It has been difficult to keep up with all the various permutations of the Target data breach saga. Yesterday, the fingerpointing continued in the form of the release of a Harris Poll and testimony on Capitol Hill at a...more

Attorney General Holder Calls on Congress to Establish Strong National Data Breach Notification Standard

Yesterday, in his weekly video address, Attorney General Eric Holder urged Congress to create a national data breach notification standard requiring companies to quickly notify consumers of a breach of their personal or...more

Congress Steps Up its Scrutiny of Data Brokers

In keeping with Congress’s heightened focus on privacy practices in the data broker industry, Senators Jay Rockefeller (D-W.Va.) and Ed Markey (D-Mass.) introduced a bill that would require increased transparency and...more

Congressional Committees Review Data Breaches, Potential Federal Responses

This week, several congressional committees held hearings to review recent data security breaches and related consumer privacy issues, particularly those related to consumer financial data and payment systems. Generally, the...more

House Energy & Commerce Subcommittee Holds Hearing on Data Security

On February 5, the House Energy & Commerce Subcommittee on Commerce, Manufacturing and Trade held a hearing titled “Protecting Consumer Information: Can Data Breaches Be Prevented?” The hearing follows two consecutive Senate...more

Senate Committees Hold Data Security Hearings

On Monday, February 3, and Tuesday, February 4, the Senate Banking and Senate Judiciary Committees (respectively) held hearings on the topic of data security and breach notification. Witnesses at both hearings included...more

Capital Thinking: Cybersecurity

Data Breach - This week, several Congressional Committees will hold a number of hearings focused on the recent data breaches at Target, Neiman Marcus and other large companies that compromised the financial information...more

Congress Taking Action to Protect Data Security

In the wake of major customer data breaches at Target and Neiman Marcus, lawmakers on Capitol Hill have quickly swung into action, scheduling a slew of hearings and introducing legislation designed to address the issue of...more

High Profile Security Breaches Spur Congressional Action

Recently, several large retailers, including Target and Neiman Marcus, announced that hackers had compromised credit card and other personal consumer data. At Target, 40 million debt and credit cards were impacted and the...more

Restarting the Federal Data Privacy Law Engine

The recent data security breaches at Target, Niemen Marcus, and a few other retailers has been a catalyst to Congress restarting talks about a federal data privacy law. Currently, there are pending bills in both the House and...more

Newly introduced Data Security Act would remove data security standards from state oversight

The Federal Government has not taken significant steps to regulate data security. For that reason, local and state officials have been taking a more aggressive role in responding to data breaches and in establishing best...more

House and Senate Committees to Hold Data Breach Hearings in February

In the wake of recent data breaches at major retailers Target and Neiman Marcus, Senate Judiciary Chairman Patrick Leahy (D-VT) has renewed his efforts to enact stronger data security requirements for companies that collect...more

Congressional Report on the Ways Data Brokers Use and Sell Consumer Information

Full-text copy of “A Review of the Data Broker Industry: Collection, Use, and Sale of Consumer Data for Marketing Purposes,” a 36-page Congressional report on how data brokers collect, maintain, and sell information on...more

Seventh Circuit Holds TCPA Does Not Preempt State Law Banning Robocalls

On November 21, the U.S. Court of Appeals for the Seventh Circuit held that the federal Telephone Consumer Protection Act (TCPA) does not preempt an Indiana statute that bans most robocalls without exempting calls that are...more

Article 29 Data Protection Working Party Supports Reform

On December 4, 2013, the Article 29 Data Protection Working Party (Working Party) endorsed the data protection reform package presented by the European Commission, strongly encouraging all relevant parties to adopt the reform...more

Turning A Corner? The Data Protection Debate To Date

As part of the European Council conclusions of 24/25 October 2013, EU Ministers agreed that new Data Protection legislation should be adopted by 2015, rather than by the end of May 2014, as the European Parliament and the...more

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