Mintz Levin - Privacy & Security Matters

Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches

Many of the highest-profile and headline-catching data breaches involve external breaches of a company’s electronic systems. But the reality that these headlines obscure is the fact that internal data breaches are generally more…more
| Criminal Law, Insurance, Labor & Employment Law, Privacy, Science, Computers, & Technology

Privacy Tuesday – August 2015

While you enjoy what is left of the summer of 2015, we will kick off your week with a few privacy and security bits and bytes…more
| Consumer Protection, Health, Insurance, Privacy

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer…more
| Communications & Media Law, Constitutional Law, Finance & Banking, Privacy, Science, Computers, & Technology

Federal Court Dismisses (Without Prejudice) CNA’s Cyber Insurance Lawsuit

We previously reported that CNA filed a lawsuit against its insured Cottage Health System seeking reimbursement of amounts that it previously paid under Cottage’s cyber liability insurance policy. On Friday, a federal district…more
| Alternative Dispute Resolution (ADR), Insurance, Science, Computers, & Technology

Privacy Tuesday – July 2015: Hack Attack on Adultery Site Ashley Madison

Once again, data breaches and hacks are front and center, so here are three stories you should know about to start your week…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Privacy Monday – July 2015

Welcome to the dog days of summer 2015. Three privacy & security bits and bytes to start your week (if you are reading this on vacation … good for you!) 1. ICYMI: Massive Data Breach at OPM Claims Victim — The Director…more
| Intellectual Property, International Law & Trade, Privacy, Science, Computers, & Technology

Home Depot Moves to Dismiss Bank Data Breach Claims on Standing and Ripeness Grounds

In its recently-filed motion to dismiss claims of card-issuing banks arising from the September 2014 theft of payment card data from Home Depot point of sale terminals, Home Depot employs an approach typically used to respond to…more
| Civil Procedure, Finance & Banking, Privacy

Recognizable Faces Disappear from Facial Recognition Meetings

Facing “industry stakeholders [that] were unable to agree on any concrete cenario” in which affirmative consent should be obtained from individuals before employing facial recognition technologies, nine consumer advocacy…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Privacy Tuesday – June 2015

It’s appropriate that the “boys of summer” feature prominently in today’s post. Strike three for the St. Louis Cardinals? On another summer Privacy Monday in 2014, we made note of a reported hack into the Houston…more
| Consumer Protection, Privacy, Science, Computers, & Technology

New Hampshire Establishes Privacy Protections for Student Online Personal Information

California again has provided a model of privacy legislation for other states to follow. New Hampshire Governor Maggie Hassan recently signed into law House Bill 520 (the “Bill”), a bipartisan effort to establish guidelines for…more
| Consumer Protection, Education, Privacy, Science, Computers, & Technology

Connecticut Amends Data Breach Notification Law

In the absence of any meaningful moves in Congress to enact uniform data breach notification, the states continue to make adjustments to existing laws to better protect affected residents in their states. Connecticut is the…more
| Consumer Protection, Privacy, Science, Computers, & Technology

Privacy Tuesday – June 2015 – OPM Hack

The news continues to pour in about the two-part massive hack into the federal government’s Office of Personnel Management (OPM) and the compromise of personal information of millions of present and former federal…more
| Criminal Law, Privacy, Science, Computers, & Technology

UPDATE: Union Claims that Hackers Have Accessed Personal Data of “All” Federal Employees

As an update to our blog post, “Data Breach Affects Millions of Current and Former Government Workers”, a union representing federal workers is now claiming that the hack may be worse than originally feared. Yesterday, the…more
| Criminal Law, Privacy, Science, Computers, & Technology

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. The…more
| International Law & Trade, Science, Computers, & Technology

Data Breach Affects Millions of Current and Former Government Workers

The U.S. Office of Personnel Management (OPM) announced that hackers have stolen the personal information of approximately 4 million current and former federal employees, including names, birthdates and social security numbers. …more
| Consumer Protection, Privacy, Science, Computers, & Technology
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