Data Protection Data Breach

News & Analysis as of

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

Employment Law Reporter - May 2016

The Age of The Data Breach : The Top 5 Best Practices - What will you do? We live in The Information Age. Increasingly, business success depends on the ability to obtain, maintain and intelligently utilize increasing...more

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

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

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

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

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

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

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