Data Protection Data Breach

News & Analysis as of

Cyber Update: What Businesses Must Know about the New Presidential Policy Directive

Last month the White House disclosed how the federal government will coordinate incident response activities in the event of a large-scale cyber incident. While the policy directive is worth reading in its entirety, this...more

The Goal of Gender Equality in Cybersecurity

I have the privilege of teaching the Privacy Law class at Roger Williams University School of Law (RWU). It is a required course for the school’s Joint Masters in Cybersecurity/Juris Doctor program, which is, to my knowledge,...more

Heal Thyself: Insider Threats to Heed, Especially for Industries with Large Amounts of Personal Information

A recent study by the Ponemon Institute found that insider threats due to malicious or negligent employees are the leading cause of private-sector cybersecurity incidents. Of the over 600 information security professionals...more

OCR to Increase Efforts to Investigate Breaches Affecting Fewer Than 500 Individuals

The Department of Health and Human Services Office for Civil Rights (OCR) is the federal agency tasked with investigating data breaches involving protected health information (PHI) under the Health Insurance Portability and...more

LastPass Security Vulnerabilities Discovered

Passwords have always been a challenge. It is hard to remember them, and you are not supposed to use the same password across different platforms. Several companies, including LastPass, have tried to help consumers with...more

Wearable Technology Raises Concerns Regarding IP, Data Privacy and Data Security

When fashion fuses with high tech, we see our friends show up with trendy wearables, such as smart watches, fitness bands, and even high-tech, designer purses. But, trendiness aside, wearables raise numerous questions for...more

Illinois Revises Data Privacy Statute

Earlier this year, Illinois enacted a number of changes to the Illinois Personal Information Protection Act (“PIPA”). The amendments to PIPA, among other things, expand the definition of personal information subject to...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

Black Hat Reports Increase in Cybersecurity Concerns

The 2016 Black Hat Attendee Survey was published in advance of the 2016 Black Hat Conference. Not surprisingly, the respondents to the survey conveyed an increased concern regarding security breaches versus 2015. An alarming...more

BYOD Risks under HIPAA – Does Your HIPAA Compliance Program Adequately Address the Ever Increasing Use of Portable Electronic...

Many U.S. employers are now allowing employees to use their own personal handheld devices and laptop computers for work-related purposes. As the age of employer-provided devices is coming to an end and “bring your own device”...more

Data Breach Incident Response: 5 Questions to Ask and New Laws to Know Now

The spring legislative sessions this year brought a now-familiar round of revisions to data breach notification laws, with states broadening their laws in often divergent ways. This year, Illinois, Nebraska, and Tennessee...more

"Data Privacy Protection and Cybersecurity: A Business and Legal Primer"

The news regularly reports on data breaches and cybersecurity. While we read about the biggest breaches – Home Depot, Target, Anthem, JP Morgan, Wyndham – probably every business has been hacked and will be hacked again. ...more

Six Myths of Breach Response

Data breach has, unfortunately, become a fact of life. Practically every corporation has experienced some sort of security incident, although most have avoided (to their knowledge) significant network intrusions and loss or...more

Bad News for HIPAA Business Associates: HHS OCR Announces $650,000 Settlement for BA Breach

Catholic Health Care Services of the Archdiocese of Philadelphia (“CHCS”), a HIPAA business associate, has agreed to pay the Department of Health and Human Services Office of Civil Rights (“OCR”) $650,000 in connection with a...more

"Privacy & Cybersecurity Update - June 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more

UK Data Privacy Laws in a Post-Brexit World

Following the United Kingdom’s nonbinding vote to leave the European Union (“Brexit”), what do businesses need to consider for data privacy compliance?...more

Raytheon/Ponemon survey confirms companies wait until an event to hire a data security vendor

The results of a Raytheon commissioned Ponemon study released on June 7, 2016 shows that at least two-thirds of businesses wait until they have experienced a cyber-attack or data breach to hire and retain security vendors to...more

Illinois Joins the Fray: Strengthens its Laws Around Data Breach Notification and Data Security

Sophisticated phishing scams and muscular hacking efforts continue to compromise personal and sensitive information held by insurers, hospital systems, and businesses large and small. In response, many states have...more

2016: The Year of Cyber Insurance?

It has been said that there are two types of companies in the world – those that have been hacked, and those that do not yet know they have been hacked. While perhaps an overstatement, it seems that every day, another company...more

Also In the News - Data, Privacy, & Security Practice Report - May 2016 #3

EU Skepticism About The Privacy Shield—On May 30, 2016, European Data Protection Supervisor Giovanni Buttarelli, in his capacity as an independent advisor to the EU legislator, issued a statement that “the Privacy Shield as...more

Illinois strengthens, expands scope of personal information protections

With the passage of the Illinois Personal Information Protection Act (HB1260) last month, Illinois substantially broadened the definition of personally identifiable information, and imposed requirements on data collectors for...more

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance (updated for 2016)

The attached chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications....more

Noodles & Company alerts customers of credit card compromise

According to Noodles & Company (“Noodles”), it received information from Visa that Visa cards used by customers at its fast-food chains since January have “possibly” been compromised. It is presently investigating unusual...more

O’Charley’s diners warned of payment card data breach

Diners who used credit and debit cards at the Tennessee based O’Charley’s restaurants between March 18, 2016, and April 8, 2016, were notified by O’Charley’s of a data breach that affected its point of sale systems. Consumers...more

Cyber Security Takes Centre Stage in UK Government’s Strategy

The UK Department for Culture, Media and Sport recently released a statement on cyber security, in which it urged businesses to take better care to protect against cyber criminals. This statement follows publication of its...more

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