Data Privacy

News & Analysis as of

Cybersecurity News & Notes – July 2016 #4

In Case You Missed It: U.S. Major party platforms address cybersecurity. The two major parties have released their 2016 election platforms, both of which include cybersecurity planks. The Republican platform’s perspective...more

Is encryption the key to your data security?

With the increased rate of data breaches targeting personal information, an increased public awareness of online privacy, and an increasingly demanding regulatory landscape, large and small businesses are looking to...more

Cybersecurity and Data Privacy: Confidential Data Breach - Escaping Potential Liability (7/16)

The first question asked by many companies after a data breach is – What is our potential liability? On July 12, 2016 a Missouri Federal Court issued a ruling that companies should be aware of when defending customers’ claims...more

Learning from Venmo’s Compliance Issues: How to Avoid Inadequate Privacy Disclosures

PayPal, the company responsible for the popular mobile payments app, Venmo, recently agreed to voluntarily bolster its privacy and security disclosures—and pay a $175,000 penalty—in response to an enforcement action brought...more

Future of U.K. Data Protection Regs Unclear

As new British Prime Minister Theresa May assembles her new Cabinet, including a new Secretary of State for Exiting the European Union following the June 23, 2016 Brexit referendum outcome, the U.K.'s march forward to leave...more

FinTech Companies Face Big Privacy Challenges in 2016

According to the FBI, “there are only two types of companies: those that have been hacked and those that will be.” It does not take an actual data breach, however, for a company to be liable for its data security practices. ...more

Colorado jumps into student data privacy protection with new privacy law

The recognized trend in data privacy is that those collecting or storing personally identifying information (“PII”) are required to safeguard and protect that information. The requirement to safeguard and protect data extends...more

First EU-wide cybersecurity regime set to enter force in August 2016 after final approval by European Parliament

The European Parliament gave final approval to the Network and Information Security Directive (“Directive”), the first-ever EU-wide cybersecurity standards, on July 6, 2016. The Directive seeks to improve the cybersecurity...more

The European Union Approves First-Ever Cybersecurity Rules

On July 6, 2016, after more than three years of debate, the European Parliament gave final approval to the Network and Information Security Directive. It establishes the first set of fundamental cybersecurity and breach...more

Decision Holds That Search Warrant Cannot Compel Data Stored Overseas

The landmark ruling is the first by a federal court of appeals to address the extraterritoriality of the Stored Communications Act. Microsoft and other US-based internet service providers won a major victory on July 14...more

Pokémon Go Catches More Than It Bargained For

The recently-released Pokémon Go has quickly emerged as a cultural phenomenon, with legions of players using their phones to “catch” Pokémon that emerge all around them, visible (thankfully) only to players. While catching...more

U.S.-EU Privacy Shield Finally Adopted, With Certifications Beginning August 1

The European Commission has finally issued a formal decision approving the U.S.-EU Privacy Shield, a revamped framework for transatlantic data transfers. The Privacy Shield will serve as the successor to the U.S.-EU Safe...more

CFPB Issues Proposed Revisions to GLBA Annual Privacy Notice Requirement

Earlier this month, the Consumer Financial Services Bureau issued its proposed rule amending the Gramm-Leach-Bliley Act’s annual privacy notice requirement set forth in Regulation P....more

[Webinar] Cloud licensing and health care data: Know the risks, learn the solutions - July 27th, 12:00pm CT

As identity theft and malicious attacks against clinical providers increase, more and more health care data is stored in the digital cloud. The health care industry is required to take special precautions when licensing...more

[Webinar] Cloud Computing Series – eDiscovery - July 20th, 12:00 p.m. CT

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and...more

Brexit's Impact on the Insurance Industry

Following the UK’s historic vote to leave the EU, numerous questions have arisen, including whether the UK will really leave the EU and whether Scotland and Northern Ireland (both of which voted to remain in the EU) will have...more

Impact of Brexit on Intellectual Property

Now that the dust is settling on the UK’s decision to leave the EU, our clients are asking what this means for them. Change always brings opportunities, as well as challenges, and we are focused on helping our clients...more

Battle of the Somme Week – Part III: Lessons from Brexit

There have been a plethora of new books about the Battle of the Somme. Daniel Todman reviewed several in an article for the Financial Times (FT), entitled “Stories of the Somme”. One of the books reviewed, Breakdown: The...more

[Webinar] Cloud licensing and health care data: Know the risks, learn the solutions - July 13th, 12:00pm CT

As identity theft and malicious attacks against clinical providers increase, more and more health care data is stored in the digital cloud. The health care industry is required to take special precautions when licensing...more

Controversy looms over ECPA amendment in wake of Orlando terrorist attack

After the terrorist attack in Orlando, Florida, early this month, the Electronic Communications Privacy Act (ECPA) has been discussed quite a bit. The ECPA, a law which took effect in 1986, limits the government’s access to...more

Cybersecurity News & Notes – June 2016 #3

In Case You Missed It: Illinois strengthened its data privacy and security law, with the amendments going into effect in January 2017. The amendments include expanding the definition of “personal information” to include a...more

Connecticut governor signs student privacy act into law

On June 9, 2016, Governor Dannel Malloy, who continues to show his commitment to data privacy, signed An Act Concerning Student Data Privacy into law, effective October 1, 2016. The law requires any local or regional...more

SEC Fines Morgan Stanley for Data “Breach”

Last week, the SEC fined Morgan Stanley $1 million for two data security failures resulting in the exposure of personal information of 730,000 of its customers. Andrew Ceresney, the director of enforcement at the SEC stated,...more

What does BREXIT mean for data protection?

On 23 June 2016, the UK is holding a referendum as to whether to stay in the European Union or leave it.  But what does a BREXIT (a British Exit from the EU) mean for data protection?  Most of the UK law on data protection...more

Keep It Short and Prosper

What a difference two words can make. Just ask the Center for Competitive Politics (CCP) or Americans for Prosperity (AFP), two organizations that filed separate lawsuits against the same defendant, California Attorney...more

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