Data Breach Plans

News & Analysis as of

What to do (and not do) in a data breach response - Coordinating your response team with an incident response plan will prevent...

The moment that you realize an intruder has broken in to your network, your first response might be: PANIC! But your response should be to call your first responders — a response team that has been preselected by you before...more

Cyber Security: Are You At Risk?

In This Issue: - Prevention - Notification - Potential Litigation - Conclusion - Excerpt from Foreward: As the recent Target and Neiman Marcus data breaches made clear, cyber security is one...more

How to Protect Your Company From Security Threats: Proven Template and Policy and Procedure Software

IT security is a complex business function that’s often lacking in many businesses. One of the most common elements that’s outdated or missing altogether is a set of comprehensive security policies that people actually know...more

Assessing Cyber Threats - The Blind Spot Between Perception and Realty

A recent survey by the Ponemon Institute entitled, “Cyber Security Incident Response: Are We as Prepared as We Think?,” suggests that many companies lack the mechanisms to meaningfully address cyber risk. Among the survey’s...more

AB 1149: Expanding state data breach notification rules

California has expanded its data breach notification requirements by adding certain online account information to the definition of "personal information" used to determine whether notification is required under state law. As...more

10 Tips for Preventing a Data Security Breach

Target's recent data breach affected some 40 million shoppers, highlighting the growing risk for businesses in a digital world. Computer failures, human error, employee wrongdoing and theft all can cause data breaches that...more

A New Year’s Resolution (And Corrective Action Plan) From OCR: Physician Practice Cited For HIPAA Violations

The Office for Civil Rights (OCR) is closing out 2013 with a reminder of the importance of an effective HIPAA compliance program. On December 26, 2013, OCR announced a resolution agreement with a Massachusetts physician...more

NY Appellate Court Reverses Decision on Statute of Limitations for Mortgage Buyback Claims

On December 19, 2013, correspondent lenders were the beneficiaries of a long-awaited common sense ruling on when the statute of limitations begins to run under New York law for purposes of a mortgage buyback claim. The...more

New Law Requires All Public Agencies in California To Notify Residents Affected by a Security Breach: BB&K Attorneys Examine the...

Cities, counties, water agencies and school districts have some of our most personal information, including our date of birth, Social Security number, driver’s license number and medical information. This is the type of...more

Survey Says: Fortune 500 Disclosing Cyber Risks

Ever since our 2013 prediction, an ever increasing number of public companies are adding disclosure related to cybersecurity and data breach risks to their public filings. We previously analyzed how the nation’s largest...more

HITECH What You Need to Know About Electronic Protected Health Information

Recently enacted legislation has resulted in extensive expansions to the privacy, security, breach notification and enforcement rules of the Health Information Technology for Economic and Clinical Health (HITECH) Act under...more

2013 Texas Leg Watch: Retracting The Defamation And Notification After A Data Breach

While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas. ...more

Academic Institutions Face Increased Threat Of Cyberattacks

American research universities typically structure their data and digital networks to be as accessible and open as possible to promote the open exchange and sharing of information. ...more

Week in Review - July 18, 2013

As Edward Snowden continues to seek asylum, privacy issues remain center stage in the world of technology. Universities are rethinking their network security as they face cyberattacks from around the world. The University of...more

Recent California Decision Demonstrates Challenges Faced By Plaintiffs In Data Breach Litigation

On July 11, 2013, the U.S. District Court for the Central District of California granted a motion for judgment on the pleadings with respect to the majority of claims brought against Blizzard Entertainment, Inc. (“Blizzard”)...more

Security Breach Notification Chart

Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in understanding each...more

In $1.7M WellPoint Settlement, HHS Warns Covered Entities on Change Management

On July 8, 2013, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) entered into a $1.7 million resolution agreement with WellPoint over a 2009-2010 security breach....more

Is Your Cyber-Security Better Than a Fortune 500's?

Half of Fortune 500 companies would face “serious harm” or be “adversely impacted” by a cyber-attack. The greatest perceived harms are loss or theft of confidential information, loss of reputation and direct loss from...more

California AG Releases Data Breach Report, Proposes Data Security Policy Changes

On July 1, California Attorney General Kamala Harris (AG) released a report analyzing data breaches reported to her office in 2012, the first year companies were required to report to the AG any breach involving more than 500...more

Lessons from the California AG’s Data Breach Report for the Health Care Industry

Our sister blog, Privacy and Security Matters, recently posted a comprehensive analysis of the newly released data breach report from the California Attorney General’s Office (AG Report). The AG Report is the first...more

California Attorney General Issues 2012 Data Breach Report – Announces Investigating Breaches of Unencrypted Personal Information...

In 2012, for the first time, companies and government agencies subject to California’s Breach Notification Law were required to submit copies of their data breach notices to the California Attorney General when the breach...more

FCC: Carriers Must Protect Certain Data Collected on Mobile Handsets

Aiming to “address the real privacy and security risks that consumers face when telecommunications carriers use their control of customers’ mobile devices to collect information about their customers’ use of the network,” the...more

Study Shows Companies Aren’t Ready To Respond To Their Next Data Breach

According to Protviti’s 2013 IT Security and Privacy Survey, large and small companies are taking notice of the reputational hazards that accompany high-profile data breaches; but still aren’t doing enough to ensure an...more

What The Cybersecurity Executive Order Means For The Rest Of Us

If you are the CEO of Google, Facebook, Verizon, Comcast, Exxon or Boeing, don’t read this. You have a team of lawyers working for you who have already spent hours analyzing President Obama’s Cybersecurity executive order...more

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