News & Analysis as of

Privacy Consumer Protection

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

The Massachusetts Attorney General’s Complaint Against Equifax

As most are aware, the Massachusetts Attorney General has won the race to the courthouse and been the first regulator to file suit against Equifax....more

FTC’s ‘Stick with Security’ Series Carries On

Continuing with its “Stick with Security” series of blog posts for businesses, the Federal Trade Commission worked its way through several more items found in the “Start with Security” guidance....more

Equifax Breach: What Can the Hackers Do with Your Information and How Can You Protect Yourself?

by Bowditch & Dewey on

The Equifax breach is not the biggest in terms of the number of people affected (the 2016 Yahoo breach compromised data associated with over 500 million user accounts compared to the 143 million people affected by the Equifax...more

When Ripples Become Waves: The Equifax Cybersecurity Incident

Since September 7, 2017, Equifax, one of three credit rating agencies in the United States, has been dealing with the fallout from one of the largest (known) data breaches of personal information, putting 143 million...more

Protecting Your Identity After a Data Breach

by Jones Day on

In light of recent high-profile breaches of highly sensitive data, this is a good time to remind individuals of how to protect their identity and credit information....more

California Court Weighs in on the FTC’s Data Security Enforcement Authority

This week, a District Court in Northern California weighed in on the U.S. Federal Trade Commission’s (FTC) authority to protect consumers from “unfair” and “deceptive” data security practices. The decision, which granted in...more

New York’s Cybersecurity Requirements Pose Multi-Year Compliance Challenges

by McDermott Will & Emery on

New cybersecurity regulations issued by the NYDFS define the nonpublic information they regulate in exceptionally broad terms. This expanded definition of Nonpublic Information will create major challenges for regulated...more

In the Wake of Harvey and Irma, OCR Reminds Providers of HIPAA Rules

As Texas, Florida, and the Caribbean rebuild after the latest string of deadly hurricanes and prepare for the possibility of future storms, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)...more

NIAC Warns That United States Is “Falling Short” Defending Critical Infrastructure; Recommends Eleven-Step Action Plan

by King & Spalding on

The President’s National Infrastructure Advisory Council (“NIAC”) issued a draft report at the end of August assessing the U.S.’s cyber preparedness related to critical infrastructure. ...more

Give Your Customers the Gift of Security

by Perkins Coie on

2017 has reminded us that data security threats continue to evolve and that the stakes for companies can be very high if their data security programs fail to evolve as well. Before the recent announcement of Equifax’s...more

Equifax: The Empire State Strikes Back

Yesterday, New York Governor Andrew M. Cuomo announced that he has directed the Department of Financial Services (DFS) to issue a new regulation requiring “credit reporting agencies to register with” the DFS, as well as...more

Protection of servicemembers, Equifax data breach provide mistaken justifications for CFPB arbitration rule

by Ballard Spahr LLP on

In a mistaken attempt to justify the CFPB’s arbitration rule, supporters are pointing to the need to protect the rights of military servicemembers and the recent Equifax data breach. On September 20, Democratic Senator Jack...more

The Mintz Matrix – September 2017

As data breaches dominate national headlines it remains important as ever for businesses to invest in security and to be ready to respond if a breach occurs. Part of your preparedness program should be staying current on data...more

Building a Health App? What You Need to Know

Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. The sensor will also be...more

FTC Settles Charges Regarding Privacy Shield Noncompliance

by Morgan Lewis on

On September 8, 2017, the US Federal Trade Commission (FTC) announced that three US companies have reached a settlement regarding charges that the companies misled consumers in connection with their participation in the EU-US...more

Global Privacy & Cybersecurity Update Vol. 15

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - FTC Comments on Improvements to IoT Device Security - On June 19, the Federal Trade Commission ("FTC") submitted comments to a working group organized by the...more

Preloaded Adware That Risked User Data Costs Lenovo $3.5 Million

by King & Spalding on

Last week, Lenovo Inc. agreed to pay $3.5 million to settle allegations that it installed monitoring and advertising software on its laptops. The lawsuit was brought by the Federal Trade Commission (“FTC”) and 32 state...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The CFPB issued a no-action letter to Upstart Network this week that will allow the online lender to “continue using alternative credit data to evaluate borrowers in exchange for providing data to the federal consumer finance...more

Kaspersky Lab and Due Diligence – How Do You Minimize Risk?

Kaspersky Lab, a Russian-owned cybersecurity company that sells anti-virus software and other kinds of IT systems security products, has been banned from use by the federal government. This latest development comes by way of...more

Ninth Circuit Stuffs Policyholders on Defense of TCPA Class Actions

by Polsinelli on

In a sweeping opinion in Los Angeles Lakers v. Federal Insurance Co., the Ninth Circuit on Aug. 23, held the Lakers are not entitled to insurance coverage for a class action lawsuit alleging claims under the Telephone...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Aaron Ford Announces Bid for Nevada Attorney General- Democratic state Senate Majority Leader Aaron D. Ford announced his candidacy to become Nevada AG. He is the first major-party candidate to...more

Here’s a Factor That Can Reduce the Potential for Account Hacks: Cybersecurity Best Practices

by CloudNine on

The data breaches just keep coming.  Equifax is the latest hacking victim to a tune of 143 million US customers – approximately 44 percent of the population.  Perhaps if they, and other organizations recently breached, had...more

UK Government Issues Cybersecurity Guidance for Connected and Automated Vehicles

by McDermott Will & Emery on

On 6 August 2017, the UK government released ‘The Key Principles of Vehicle Cyber Security for Connected and Automated Vehicles’, guidance aimed at ensuring minimum cybersecurity protections for consumers in the manufacture...more

Equifax Breach Affects 143M: If GDPR Were in Effect, What Would Be the Impact?

by Foley & Lardner LLP on

The security breach announced by Equifax Inc. on September 7, 2017, grabbed headlines around the world as Equifax revealed that personal data of roughly 143 million consumers in the United States and certain UK and Canadian...more

Illinois Geolocation Privacy Protection Act Sent To Governor Rauner

by King & Spalding on

The Geolocation Privacy Protection Act, which passed the Illinois Senate and House of Representatives earlier this year, has made its way to the desk of Illinois Governor Bruce Rauner for his signature or veto. The bill...more

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Cybersecurity

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