Data Protection

News & Analysis as of

Privacy Tip #35 – Employees still careless—don’t be that employee

According to a study by Softchoice, 1-in-5 employees still keep their passwords in plain sight (like a Post-it Note on their desk or in the top drawer of their desk—now that’s original), have accessed work files from a device...more

Sensitive Information: How Insurance Producers Can Protect Consumer Privacy

Introduction. Insurance sales may be conducted using entirely impersonal tools. An insurance consumer may fill out a form on an internet web site, and through automated systems have a policy of insurance issued without any...more

New Study confirms that 9 out of 10 businesses have experienced a hacking incident in the last year

Hartford Steam Boiler released a study on May 17, 2016, that states that nine out of ten businesses have experienced at least one hacking incident in the past year, which represents a 21 percent increase since 2014....more

FAR Information System Security Standards Rules Finalized

The U.S. federal government announced on May 16, 2016, new Federal Acquisition Regulation (FAR) rules that set high-level standards for the basic safeguarding of contractor information systems that process, store or transmit...more

Tennessee’s Data-Breach Notice Requirements Among the Nation’s Toughest

On July 1, 2016, Tennessee’s new notice requirements for breaches of data security systems which compromise an individual’s personal information will take effect. The amendments to Tennessee’s current rules, found at T.C.A....more

Cyber Security

Roughly one million pieces of malware—computer viruses or malicious software—are released every day. In recent years, we’ve witnessed an unprecedented level of activity in the cyber arena, both in the form of increased...more

5 Ways to Defend Against Ransomware

Last week, Fish hosted a cybersecurity panel session at our L.E.A.D. retreat in Dallas. We discussed the need for a full-spectrum cybersecurity risk assessment and plan, and during the course of the presentation, we touched...more

Innocents Abroad: Privacy considerations for employees working abroad

Dear Ned, I understand that one of your employees will be engaging a six-month temporary assignment around Europe to scope market opportunities, and you’d like to have a better understanding of what to be thinking about...more

ATM Skimmer pleads guilty in Rhode Island federal court

Skimming continues to be a problem for ATM machines and law enforcement continues to try to combat the problem. Skimming devices are attached to credit and debit card and ATM machines in order to intercept debit and credit...more

PCI Council Reacts Again to Data Security Threats

Responding to the increasingly significant threats to customer payment information, the Payment Card Industry Security Standards Council (‘PCI SSC’) has published an update to its data security standard (‘PCI DSS’). Version...more

Cybersecurity, Boards and Cyber-Board "Experts": Caution Should Rule

A continuing frequent question from public companies is how a board should be constituted to oversee cybersecurity. Many public companies foist this additional burden on the audit committee. Those large enough to have a...more

European Banking Authority contemplates the use of consumer data by financial institutions

In order to better address both the opportunities and risks associated with the innovative use of consumer data by financial institutions, the European Banking Authority (EBA) released a discussion paper last week seeking...more

Superior Court of Pennsylvania Denies Data Breach Class Certification

In an encouraging development for data breach defendants, the Superior Court of Pennsylvania recently affirmed a trial court decision rejecting class certification in a suit filed against two Medicare programs for losing a...more

FTC: Data Security Primer for Small Businesses and Start-ups

The Federal Trade Commission will host a one day-conference in Chicago at Northwestern’s Pritzker School of Law on June 15, 2016. This event will be the fourth of the FTC’s Start with Security Events nationwide, which build...more

Georgia Attorney General Supports Federal Data Breach Standard

Georgia Attorney General Sam Olens has come out in support of federal data breach preemption as a more realistic way to ask companies to comply with regulatory requirements in the wake of a breach or data loss incident.  His...more

Auto parts manufacturing company joins auto industry cybersecurity sharing group

We have previously reported on the efforts of the auto industry to become more aware of and address data security issues with smart cars. Delphi Automotive PLC has announced that it will join the Automotive Information...more

EBA Publishes Discussion Paper on Use of Consumer Data by Financial Institutions

On May 4, 2016, the EBA published a discussion paper on innovative uses of consumer data by financial institutions, in line with its mandate to monitor financial innovation. The EBA report notes that although general...more

Countdown to Compliance: Final Text for EU General Data Protection Regulation Published

The final text of the significant new EU General Data Protection Regulation (GDPR) has now been published (4 May 2016) in the Official Journal of the European Union. This means the clock is now ticking for the sweeping new...more

Stop Faxing

I’ve long thought that sending faxes was a pretty silly means of communication. Don’t send me a fax. I don’t want it. At some point I’m hoping that even my kids’ doctor’s office will get dragged into the 20th century and...more

The right policy prescription for pharmaceutical patents? The Australian Productivity Commission proposes a new formula

As mentioned in our earlier article Australia’s Productivity Commission has released a draft report (Report) regarding intellectual property (IP) in Australia. The Report covers various IP rights and provides the Commission’s...more

Bipartisan House Bill Would Elevate Chief Information Security Officer At HHS

On April 26, 2016, House Representatives Billy Long (R-MO) and Doris Matsui (D-CA) introduced the HHS Data Protection Act, legislation aimed at improving cybersecurity at the Department of Health and Human Services (“HHS”). ...more

PCI DSS version 3.2 contains substantial changes for payment card processors and their service providers

In April, 2016, the Payment Card Industry Security Standards Council published a new version of the PCI Data Security Standard (PCI DSS).  PCI DSS Version 3.2 is intended to emphasize the importance of validating the...more

2016 IAPP Global Privacy Summit: Key Themes and Takeaways

Last month, privacy and security professionals from around the world gathered in Washington, D.C. for the International Association of Privacy Professionals’ Global Privacy Summit 2016. The conference focused on the new...more

Q&A: Robert Metzger – Cybersecurity, DOD and Regulation

In this Q&A, CREATe CEO Pamela Passman asks questions of Robert Metzger about the latest trends and challenges in protecting sensitive Department of Defense information. Metzger recently reviewed and commented on CREATe’s...more

Singapore’s PDPC Releases Details of Data Protection Enforcement Decisions

For the first time since the Personal Data Protection Act (PDPA) came into force on 2 July 2014, the Personal Data Protection Commission (PDPC) of Singapore has published details of the enforcement actions that it has taken...more

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