Personally Identifiable Information

News & Analysis as of

Horizon Avoids Data Breach Class Action For Lack Of Standing

On March 31, 2015, a New Jersey federal judge dismissed a class action lawsuit against Horizon Healthcare Services Inc. alleging the company failed to protect the personal information of thousands of insurance network members...more

The FCC Just Upped the Ante for Communications Providers and the FTC with a $25 Million Fine, a Detailed Information Security...

The FCC has been warning communications companies for months that protecting consumer privacy and information security is a top priority, and the recent announcement of a $25 million settlement with AT&T over its alleged...more

FCC Imposes Record Penalty for Data Breach

On Wednesday, April 8, the Federal Communications Commission (FCC) entered a consent decree and levied a $25 million civil penalty against AT&T to settle a data breach that exposed the information of nearly 280,000 customers....more

Court Further Clarifies Required Elements Of A Video Privacy Protection Act Claim In In re Hulu Privacy Litigation

After over four years of litigation on the cutting edge of modern Video Privacy Protection Act (“VPPA” or the “Act”) litigation, Magistrate Judge Laurel Beeler of the United States District Court for the Northern District of...more

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

Health Plan Lawsuits and Data Breach Claims: Recent Developments and Implications

Five class action lawsuits have been filed against Premera Blue Cross in federal court in Seattle, Washington following the recent report of a data breach that affected approximately 11 million individuals. The lawsuits make...more

Big Data Bankruptcy Sale Derailed – RadioShack’s Customer Information Draws Objections

On March 20, 2015, the State of Texas filed an objection to the sale of customer information in the In re RadioShack Corporation, et al., Case No. 15-10197, case pending in Delaware. According to the objection, the customer...more

Montana And Wyoming Revise Data Breach Notification Laws

The states of Montana and Wyoming recently updated their data breach notification statutes. The revisions include updates to the states’ definitions of personal information subject to breach notification provisions, among...more

Target’s Consumer Class Action Settlement: A New Way to Resolve Big Data Breach Cases?

Many will recall the 2013 holiday shopping season when Target announced that cyber thieves had accessed and stolen as many as 70 million customer credit and debit card numbers and extracted personal information for another 40...more

Data breach class action suit against Horizon Blue Cross dismissed

Late last week, a federal court judge in New Jersey dismissed a putative class action lawsuit against Horizon Blue Cross for a data breach involving two unencrypted laptops that were lost in 2013. The case alleged that close...more

Microsoft Adopts International Cloud Privacy Standard

Public cloud computing services-- computing resources (such as networks, storage, applications, and services) purchased from another company (a “cloud services provider”)-- offer many potential benefits for businesses, among...more

Former Uber Driver Files Class Action for Data Security Breach

Uber Technologies Inc., the internet-based taxi service, was recently hit with a putative class action lawsuit over a data breach involving the personal information of about 50,000 current and former drivers. Uber develops,...more

Implications of FCC's Record $25M Data Breach Settlement with AT&T

The Federal Communications Commission (“FCC”) announced today that AT&T Services, Inc. (“AT&T”) agreed to a $25 million settlement to resolve the Commission’s investigation into whether AT&T failed to protect the...more

Privacy Bills Abound in Congress

Why it matters - From the President to Senators to Representatives, everyone in Washington, D.C. appears to be focused on privacy-related issues. Continuing his focus on cybersecurity, President Barack Obama signed an...more

Another Health Plan Hit By Massive CyberAttack and Class Actions Follow

Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11...more

New York Regulators Implement New Measures to Strengthen Cybersecurity in the Insurance Industry

The February 4, 2015 announcement of a data breach at a national health insurer highlighted the need for tighter cybersecurity measures in an industry entrusted with the security of large amounts of sensitive personal...more

Wyoming Broadens Data Breach Notification Law

Wyoming recently joined the list of states passing laws that broaden the scope of their data breach notification laws. On March 2, 2015, Wyoming signed into law two bills (S.F. 35 and S.F. 36) that expand the definition of...more

Cloudy Forecasts in New Russia Data Privacy Law

Russia recently announced it has moved the effective date of the new Russian data residency law to September 1, 2015—less than six months from now. Federal Law No. 242-FZ (the “Data Localization Law”) creates a new obligation...more

Multiple class action lawsuits filed against Premera Blue Cross for data breach

Days following Premera Blue Cross’s public announcement that it had experienced a data breach affecting approximately 11 million, it has been sued five times (as of the time of this writing) in proposed class action lawsuits...more

Another Health Plan Hit By Massive CyberAttack and Class Actions Follow

Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11...more

Your Business in the Age of Identity Theft and Individual Causes of Action

When your personal data is the subject of a hack attack, what are your rights? The US Supreme Court is considering this very issue in a case before it. On the block is the issue of whether an individual, who may not have...more

HIPAA Breach Affects Many Western New York School Districts

Recently, a national BlueCross BlueShield affiliate, Anthem, Inc., discovered that its information technology systems was hacked. The information believed to have been accessed includes names, member ID numbers, dates of...more

Locke Lord QuickStudy: Montana and Wyoming Update Data Breach Laws

Montana and Wyoming have recently revised their data breach notification laws including their definitions of what constitutes Personally Identifiable Information (PII) subject to breach notification. ...more

Delaware’s “Computer Security Breaches” Law Needs an Overhaul

I suspect this may surprise most Delawareans. In 2005, Delaware Governor Ruth Ann Minner signed into law House Bill 116. That bill, now codified as 6 Del. C. §§ 12B-101 et seq., requires individuals or commercial entities,...more

US District Court in Pennsylvania Dismisses Data Breach Class Action on Article III Standing

In Storm & Holt v. Paytime, Inc., 1:14-cv-01138-JEJ (MD Penn. Mar. 13, 2015), the United States District Court for the Middle District of Pennsylvania addressed the Article III standing issue of when a cause of action may...more

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