Data Collection Personally Identifiable Information

News & Analysis as of

States Continue To Grapple With Data Breach Notification Issues

Connecticut’s data breach notification law currently requires notification “without unreasonable delay.” Effective October 1, 2015, Connecticut will (a) require notice of any breach of security not only “without unreasonable...more

US Safe Harbor Not Safe from EU Court Ruling

A major European court has just pulled the rug out from under nearly 5,000 US companies, snatching away the relative business certainty of the Data Transfer Safe Harbor, and maybe the safety of standard contract clauses and...more

Second Chance to File Oppositions to CTIA Challenge

In its June 2015 Lifeline Order on Reconsideration, the FCC adopted a new rule which requires ETCs to retain documentation demonstrating subscriber eligibility for Lifeline, such as a copy of the applicant’s food stamp card...more

EU U.S. Data Protection: The Safe Harbor Framework Under Attack

As a reaction to recent disclosures and revelations about the data collection and surveillance by the US government, the Safe Harbor permitting the transfer of personal information from the EU to the US is under attack, and...more

FTC Gives Words of Warning to the Wise

The Federal Trade Commission has issued new guidance on data security to help businesses that collect, store and use consumer information to stay out of hot water with the agency. Gleaned from the more than 50...more

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

Judicial Redress Act Advances

In what may prove to be a major step forward in US-EU privacy relations, the House Judicial Committee approved H.R. 1428, the Judicial Redress Act of 2015, on September 16. If enacted, the bill would allow citizens of...more

Delaware Enacts Package of Internet Data Laws

Joining the collection of states with online privacy laws, Delaware has enacted a package of statutes governing the collection, storage and use of the personal information of Delaware residents by websites, Internet and cloud...more

New Amendments to Japanese Privacy Law

Act on the Protection of Personal Information (the "APPI"), which was enacted in 2003 and which went into full effect in 2005, has not been amended since. Over the following decade, the advent of "big data" and the...more

Three Things In-House Counsel Needs to Know About Russia’s New Data Localization Law

On September 1, 2015, Russia’s new law requiring data localization, Russian Federal Law No. 242-FZ (“Russia’s Data Localization Law”) became effective. Although Russia’s Data Localization Law makes multiple changes to...more

Data Localisation Law – clarifications published with one month to go…

Just one month before the new Data Localisation Law (‘the law’) is due to come into force, the Russian Ministry of Communications has published its long-awaited clarifications (in Russian) to the new law....more

Six Ways for Data-Driven Medical Device Companies to Implement Effective Privacy and Security Measures

The increasing amounts of health information being generated, stored and collected have heightened the special risks medical device manufacturers have long faced. In addition to the nexus to patient health and safety, if a...more

IRS auditor loses flash drive exposing SSNs of almost 12,000 people

Katy Independent School District (ISD) was randomly audited by the IRS on August 5th. In order to conduct the audit, the IRS auditor had a flash drive with the names, addresses, birth dates and Social Security numbers of...more

Internet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class Claims Against AARP

The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information...more

The ABCs of COPPA Compliance

In today’s environment – when data breaches seem to be in the news nearly every day – the media, regulators and many others are hyper-focused on privacy issues. Schools and educational institutions are no exception when it...more

This Is Not Your Father's Oldsmobile: Car Hacking and the SPY Car Act

Not coincidentally, on July 21, 2015, Wired Magazine published an article with groundbreaking evidence of hacking a car wirelessly, and Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced legislation...more

Cybersecurity is once again a hot topic as Illinois undergoes PIPA update

Cybersecurity is a hot topic at both the state and federal level. Specifically, Illinois is in the process of amending its Personal Information Protection Act (“PIPA”). Illinois SB 1833 will amend PIPA by establishing more...more

Don’t Sling Your Data Around in Singapore

Singapore: it is the globe’s fourth-largest financial center and the only Asian nation with a top AAA rating from the three primary credit rating agencies. But, despite its reputation as one of the most business-friendly...more

E-Discovery: If you can’t take the data to the tools, take the tools to the data

Today we welcome Jo Sherman, CEO, EDT Inc. to share some of her thoughts on the challenge of international investigations and data collection/analysis. Given the challenges of discovery and data collection across borders in...more

25 year old sentenced to 13 years for hacking data broker databases

The Department of Justice has announced that 25 year old Hieu Minh Ngo has been sentenced to 13 years in prison. His sentence was lighter than expected because he has cooperated with authorities to catch more identity...more

White House Releases Proposed Precision Medicine Initiative Privacy Framework

Earlier this year, President Obama launched a high-profile “Precision Medicine Initiative” (PMI) to develop treatments, diagnostics, and prevention strategies tailored to the individual genetic characteristics of each...more

PII in your ESI: The Intersection of Data Privacy and E-Discovery

There is a significant nexus between data privacy and security and e-discovery that grows more pronounced as the volume of data generated multiplies exponentially and the ability of e-discovery tools to collect and process...more

Data Security 101 for Business – Guidance from the Federal Trade Commission

Recently the Federal Trade Commission (FTC) issued a guide, Start with Security: A Guide for Business, which pulls from lessons learned from the 50+ data security enforcement actions that the FTC has announced. To be clear,...more

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more

RadioShack’s Consumer Data: A Highly Scrutinized Asset

Following the Texas Attorney General’s objection to the sale of RadioShack Corporation’s consumer data as an asset in its bankruptcy, 37 other state attorneys general and a large number of other consumer protection entities...more

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