Data Protection Cybersecurity

News & Analysis as of

Fenwick Privacy Bulletin - Fall 2016

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

The C-Suite’s Perspective on Cybersecurity and Liability

Recently, IBM surveyed more than 700 C-Suite executives in 18 industries and 28 countries about their views on cybersecurity. Ninety-four percent of those interviewed believe that their respective companies will experience a...more

DoD Finalizes Cybersecurity and Cloud Computing Rule

On October 21, 2016, the Department of Defense (DoD) issued a final rule following-up on the interim rules it had issued on August 26 and December 30, 2015, regarding safeguarding contractor networks and purchasing cloud...more

Insurance Regulators Fine Tuning Cybersecurity Guidance

You may not realize how much personal information your insurance company has about you. Scarier still is that much of this data is sensitive and valuable to hackers – such as your Social Security number, financial...more

3 Guidelines to Maximize Value of Data

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive...more

Cyber Security and Loss Recovery - A New Alternative for Organizations

The largest data breaches ever have occurred since 2015, and targets have encompassed a wide spectrum of entities. Organizations affected range from U.S. DOJ and the IRS—where citizens’ personally identifying information was...more

Prepare for the Hack: Five Things to Keep in Mind when Shopping for Cybersecurity Insurance

When your company's confidential information ends up on the dark web, it is obviously too late to start thinking about adequate insurance coverage for the barrage of claims and expenses that are about to hit like a tidal...more

Bitcoin: Cybersecurity Regulations on the Horizon?

As legislators grapple with creating legislation intended to bring virtual currencies, such as bitcoin, within the scope of anti-money laundering regulations, the vulnerability of Bitcoin exchanges to theft and other cyber...more

Safe Travel Series: Dos and Don'ts of Hotel Safety

Hotels are susceptible to a wide array of thefts, scams, hacks, and assaults. Today, the savvy traveler needs to be security conscious. That especially applies to hotels. While any given stay will, in all likelihood, turn out...more

NIST Extends Deadline for Comments to Mobile Device Infrastructure Guidance

All enterprises are struggling with the security risks posed by the use of mobile devices by employees. Companies want their employees to have easy access to information so that they can perform their job functions in an...more

Draft Cybersecurity Self-Assessment Tool Published

The National Institute of Standards and Technology (NIST) recently published a draft cybersecurity self-assessment tool entitled “The Baldrige Cybersecurity Excellence Builder,” which provides organizations with a tool to...more

In the age of Big Data, the EDPS issues an Opinion on enforcement and upholding fundamental rights

The European Data Protection Supervisor (“EDPS”) issued an Opinion on coherent enforcement of fundamental rights in the age of big data”. This is an update to the EDPS’ Preliminary Opinion in 2014 on “Privacy and...more

Cybersecurity Q&A: What Canadian Companies Need to Know about the EU’s New Data Protection Law

It is trite to point out that information crosses national borders today at an unprecedented rate and with very few barriers. A consequence of this unconstrained international flow of information is that domestic data...more

OCR Releases HIPAA Guidance on Cloud Computing

On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (OCR) released HIPAA guidance on cloud computing (Guidance). The Guidance is intended to help covered entities and business associates...more

New NIST Study Shows Risks of Security Fatigue

The National Institute of Standards and Technology (NIST) recently published a new article that finds that most typical computer users experience security fatigue that leads users to engage in risky behavior when they are at...more

What You Must Know about New York’s Proposed Cybersecurity Regulation for the Banking, Insurance, and Financial Services Sectors

Last week, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed...more

GAO Study Slams HHS For Lack of Guidance to Covered Entities

We watch closely for any guidance to HIPAA covered entities and business associates from the Department of Health and Human Services Office for Civil Rights (HHS/OCR). Why? Because there is so little of it. Lately, the only...more

CFPB Management Challenges Include Information Security

On September 29th, the Office of the Inspector General (OIG) that oversees the CFPB released a memorandum detailing the major management challenges facing the CFPB.  The memo identified four areas of improvement that, unless...more

Business Litigation Report - September 2016

Second Circuit Rejects Massive Class Action Settlement and Affirms Importance of Adequate Representation and Due Process Rights for Absent Class Members - The Second Circuit Court of Appeals recently considered whether...more

Bring Your Own Device (BYOD) – Be Smart

At the dawn of portable electronic devices, they were primarily work-related productivity tools. Often, employers would purchase (or lease) devices and distribute them to their need-to-have employee base. It’s not so long...more

The Cyber Regulation Drops

On September 13, 2016, Governor Andrew Cuomo announced the first proposed broadly applicable cyber regulation in the U.S. (the “Regulation”). The Regulation covers banks, insurance companies and other financial institutions...more

TalkTalk Loses Appeal Against £1,000 fine at the Information Tribunal

Telecoms service provider TalkTalk has lost an appeal against it for a £1,000 fixed penalty after the Information Commissioner’s office (ICO) ruled it had failed to report a personal data breach within the required 24 hours’...more

How Secure is Your Retirement Plan?

Most employers are generally aware of their fiduciary status as a “plan sponsor” of an ERISA-governed retirement plan (e.g., 401(k) and 403(b) plans). In fact, the employer’s hiring of a service provider is in and of itself a...more

Looking Ahead: Where Automotive Innovation Meets Cybersecurity in 2017

The automotive industry has long been exempt from the cyber attacks that have affected so many companies operating in the financial services, healthcare and retail spaces. However, that is changing quickly due to the copious...more

"Privacy & Cybersecurity Update - September 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more

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