Data Breach Data Security

News & Analysis as of

Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's...more

PCI DSS – What It Is and Why It Is Relevant to Your Business

Increasingly, companies are raising questions about PCI-DSS and its applicability to their businesses. This Legal Alert summarizes the basic aspects of PCI-DSS and its application....more

Centene announces search for missing hard drives containing PHI of 950,000 individuals

Centene Corporation, a health insurer headquartered in St. Louis, announced on January 25, in a press release that it is undertaking an, “ongoing comprehensive internal search for six hard drives that are unaccounted for in...more

Data Security in the Financial Industry: Five Key Developments to Keep An Eye on in 2016

According to a 2015 report on threats to the financial services sector, 41% of financial services organizations polled had experienced a data breach or failed a compliance audit in the previous year, and 57% listed preventing...more

Privacy vs. Data Security: Why Plaintiffs in Consumer Data Breach Cases Still Have a Long Way to Go

The year 2005 really marked the beginning of the “era of data breaches,” and with it, the “era of data breach lawsuits.” The ChoicePoint data breach in late 2004, which first became newsworthy in early 2005, was the catalyst....more

What's Coming in 2016? Data Security, Social Media and a Busy SEC

Data Security and Data Breaches! No surprises here. We’re getting a little fed up with spectacular stories about compromised personal data, but there is no doubt 2016 will show us more, and companies are adapting and...more

The Life-Changing Magic of Information Governance: Cutting Costs and Mitigating Risk with IG

The New Year brings fresh starts, and most of us, after a season of giving and receiving, parties and celebrations, are feeling the need to take stock and streamline our lives. In the bestselling book, The Life-Changing...more

Wyndham Settles with FTC

Last month, Wyndham Worldwide Corp. settled its lengthy civil case with the Federal Trade Commission. The suit began in 2012, when the FTC sued Wyndham and three of its subsidiaries, alleging three data breaches between 2008...more

FTC and Wyndham Settle Suit Regarding Wyndham's Alleged Cybersecurity Failures

On December 9, 2015, the Federal Trade Commission (the "FTC") and Wyndham Worldwide Corporation (and three additional Wyndham entities, collectively, "Wyndham") filed a stipulated order ("Stipulated Order") settling their...more

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance (updated for 2016)

The chart blow constitutes a summary of the laws of various jurisdictions that govern data breach notifications. Please see full Publication below for more information. ...more

Reading the Section 5(a) Tea Leaves: What the end of 2015 may suggest about the FTC priorities in 2016

The end of 2015 represented a mixed bag for the Federal Trade Commission on privacy enforcement. In November, the FTC’s Chief Administrative Law Judge dismissed the FTC’s complaint against LabMD for a possible data breach of...more

The Problem With Data Security is not the Hardware or the Software, It’s the Wetware

Remember this? - “Wetware” – coder slang for biological life forms (i.e., people) – is the weak link in most companies’ data security protections, according to a new data security report issued by the Association of...more

No Harm, No Foul? Defining FTC’s Authority Over Data Security

Given the frequency of high-profile breaches, it’s reasonable for companies and consumers to be not only fearful but also realistic (or some would say fatalistic) about data security. It’s not a question of if a security...more

All You Need to Know About LabMD’s Big Win in/over the FTC

We have been meaning for a while to write about LabMD’s epic data privacy fight against the FTC. We’re sure you have read about the action, and particularly about the administrative order dismissing the government’s...more

House Panel Approves Data Breach Bill

On Wednesday, Dec. 9, the House Financial Services Committee approved a bill that would require companies to notify consumers and the government when a data breach compromises certain unencrypted consumer information. The...more

The Digital Download - Privacy & Data Security Monthly Newsletter - January 2016

Senior Counsel Peter Swire to Debate European Privacy Activist Max Schrems. The debate, set to take place on January 26 in Brussels, will highlight key differences between certain European and U.S. attitudes towards U.S....more

Protect Your Wine Business Against Data Security Breaches and Other Cyber Risks

When asked who should buy cyber insurance, one expert responded, “more companies than realize it.” The truth is, almost every company in the country collects its customers’ or its employees’ Personally Identifiable...more

An Ounce of Prevention…Is Tax-Free: IRS Expands Tax Relief to Pre-Data Breach Identity Theft Protection Services

As reported here after last year’s customer data security breaches at major U.S. corporations, the IRS announced special tax relief for identity protection services provided to individuals affected by a security breach. In...more

Privacy & Cybersecurity Update - December 2015

In this edition of our Privacy & Cybersecurity Update, we provide a detailed summary of the sweeping changes to be imposed by the European Union’s new data protection regulation, which will require many companies to begin...more

Social Media in the 2010s: A Force Awakens

When I was asked by LexBlog to provide insight into my most significant story I’ve written about in the first half of this decade (and wondering if it started on January 1, 2010 or 2011?), I first thought about looking at...more

Advertising Law - December 2015 #4

Copper-Infused Apparel Company Settles With FTC for $1.4M - Tommie Copper, Inc. and company founder Thomas Kallish reached a deal with the Federal Trade Commission to settle charges that they misled consumers by claiming...more

MacKeeper exposes 13M users’ data

Kromtech, the manufacturer of MacKeeper, software that is designed to keep Macintosh computers secure, announced this week that a security vulnerability exposed the usernames, email addresses and other personal information of...more

Wyndham Agrees to Settle FTC Data Security Case

After four years of litigation, this past Wednesday, Wyndham Worldwide Corporation and three of its subsidiaries (collectively, “Wyndham”) settled the Federal Trade Commission’s (“FTC”) allegations that the global...more

Wyndham and FTC Settle Case Over “Unfair” Data Security Practices

The years-long saga of the Federal Trade Commission’s suit against Wyndham Hotels over data breaches that occurred at least as early as April 2008 is finally coming to an end with a proposed settlement filed today with the...more

The FTC’s Proposed Wyndham Settlement and its Implications for the Regulatory Landscape

On December 9, 2015, the Federal Trade Commission (FTC), with the agreement of Wyndham Hotels and Resorts (“Wyndham”), filed a stipulated order for injunction (“Consent Order”) in the U.S. District Court for the District of...more

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