Data Privacy Data Security

News & Analysis as of

“Primed” to Read about Data Privacy? The Sedona Conference Has a New Primer for You: eDiscovery Best Practices

The proliferation of data in our society today makes the task of protecting sensitive and private data more challenging than ever. Without a doubt, privacy and data protection laws have evolved quite a bit over the past...more

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent. ...more

Legal Considerations for Website Privacy Policies

We get questions from clients about whether they are required to include a privacy policy and, if so, what should it say. The answers may surprise you, but a privacy policy should definitely not be an afterthought for...more

Importance of Maintaining Cybersecurity Measures – Assessing the Ashley Madison Data-Breach Settlement

Daily headlines of data breaches, resulting class actions, governmental investigations and enforcement actions, and the settlements of those actions serve as constant reminders of the need to implement and maintain reasonable...more

Over 3.1 Billion Records Breached So Far in 2016

The tally of records breached in 2016 (through November) globally was over 2.1 billion, according to IT Governance. With the announcement yesterday of Yahoo’s breach of another 1 billion records, that tally is now up to 3.1...more

Commission on Enhancing National Cybersecurity Releases Report

On December 1, the nonpartisan Commission on Enhancing National Cybersecurity (Commission) released a report on securing and growing the national economy. This report includes six imperatives for enhancing cybersecurity (and...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – November 2016

Updates on the EU: German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers. On June 7, 2016, the European Commission adopted the EU-U.S. Privacy Shield. One question that many...more

FriendFinder Data Breach Exposes 400 million+ Accounts

FriendFinder Networks is a company in the adult entertainment, social networking, and online dating space. Several databases from FriendFinder Networks web sites with more than 412 million accounts, including usernames,...more

Companies Perceived By FTC As Emerging Threats

As discussed in the previous section, the FTC collects complaints about organizations that allegedly violate the data privacy, data security, advertising, and marketing laws. Each month DPI creates a “Surge” report that...more

Cybersecurity Guidelines for Vehicles

With the prevalence and increasing severity of cyber-attacks, and in the wake of the recent, massive denial of service attack on Dyn, there is a growing public awareness of the potential risks associated with security...more

China Finalizes New Cyber Security Law

China has finalized a broad new Cyber Security Law, its first comprehensive data privacy and security regulation. It addresses specific privacy rights previously adopted in the European Union and elsewhere such as access,...more

Privacy Tip #62 – PoisonTap Can Compromise Computer with USB Stick

Security researcher Samy Kamkar has announced that a new hacking tool—PoisonTap—can be loaded onto a USB stick and used to hijack the Internet connection of one’s computer....more

FINRA forces firms into the weeds on security policies

The Securities and Exchange Commission continues to be active in the area of cybersecurity. A recent Letter of Consent issued by the agency’s Financial Industry Regulatory Authority (FINRA) contained some startling new...more

Bryan Cave Data Security Breach Handbook - 2016

Since the first publication of this handbook in 2014, the legal ramifications for mishandling a data security incident have become more severe. In the United States, the number of federal and state laws that claim to...more

NIST Releases Cybersecurity Guide for Small Businesses

We often hear from small businesses that they do not believe they can be a “target” of hackers, or that they are at risk of a cyber intrusion. This thought is naïve as small businesses are at risk of cyber intrusions, and due...more

China Promulgates New Cybersecurity Law

On Monday, November 7, 2016, the Standing Committee of the National People’s Congress of China promulgated a new cybersecurity law, providing the Chinese government with sweeping authority to regulate and monitor internet...more

California AG Guidance for the Ed Tech Industry: 6 Recommendations to Protect Student Data Privacy

Developers and operators of educational technology services should take note. Just before the election, California Attorney General Kamala Harris provided a document laying out guidance for those providing education...more

FCC Imposes Privacy Restrictions on Broadband Providers…For Now

As he rushes to accomplish his list of objectives before the change in administrations, FCC Chairman Tom Wheeler was able to cross one off that list last week. For the first time, the FCC imposed privacy requirements on...more

New FCC Privacy Rules for Broadband and Voice Providers

In an order issued November 2, 2016, the Federal Communications Commission for the first time imposed privacy requirements on providers of broadband internet access services (“BIAS”). The much-anticipated order was an...more

California Amends Data Breach Notification Law to Require Notification of Breach of Encrypted Personal Information When Encryption...

On September 13, 2016, California Governor Jerry Brown signed into law AB 2828, an amendment to the law that requires businesses to disclose data breaches to California residents whose personal information has been...more

School’s in Session for the Ed Tech Industry: California AG Gives Lessons on Student Data Safeguards

On Wednesday, California’s Attorney General released a report with recommendations for the education technology (“Ed Tech”) industry, a multi-billion dollar industry that is transforming learning as we know it. The Ed Tech...more

Germany to audit 500 companies on data transfers

The German data protection authorities have announced today that they have chosen 500 companies throughout Germany to audit their transfer of personal data to the US and other countries (eg. India). The targets were chosen...more

Ninety-Nine Problems but a Breach Ain’t One: Cybersecurity Lessons for Insurers

In the movie WallStreet , the character Gordon Gekko famously states that information is the most valuable commodity he knows. These days, the same could be said of data, which can now be bought, sold, and, increasingly,...more

It’s Official: The FCC Has Adopted New Privacy and Security Rules for ISPs Following a 3-2 Vote Along Partisan Lines

Today, the FCC formally adopted on a 3-2 party-line vote an order that enacts a new privacy and security regime for Internet service providers (ISPs). While it may be several days before the official order and the text of...more

FTC Issues Data Breach Response Guidance

The Federal Trade Commission (FTC) this week issued the publication, Data Breach Response: A Guide for Business, that outlines steps it recommends that businesses take when it believes it may have suffered a data breach....more

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