News & Analysis as of

Data Protection Personally Identifiable Information

Privacy Tip #105 – Data Breach Woes

I spend a lot of time and effort to protect the privacy of my personal information. I am very careful. I have pretty good security hygiene. But I don’t have total control of my personal information and it is frustrating. I am...more

FTC Provides Guidance on Data Security in Its “Stick With Security” Blog

by McGuireWoods LLP on

Building on the FTC’s “Start with Security” guide for businesses, the agency launched the “Stick with Security” blog on July 21, 2017. The blog provides additional guidance on each of the 10 fundamental principles of data...more

Government Response to Increasing Cyber Threats

by McGuireWoods LLP on

Government agencies collect and hold massive amounts of personally identifiable information (PII), creating valuable targets for cybercrime. Recently proposed legislation would impose baseline standards for cyber hygiene on...more

HHS Issues Limited Waiver of HIPAA Sanctions Post-Hurricane Harvey

The U.S. Department of Health and Human Services (HHS) has used its authority to waive certain provisions of HIPAA in response to Hurricane Harvey. HHS previously declared a public health emergency in Texas and Louisiana...more

Delaware Amends Personal Information Protection Law

by Moore & Van Allen PLLC on

On August 17, 2017, Delaware amended its personal information protection law, Delaware Code Title 6, Chapter 12B. The amendment becomes effective 240 days after enactment or March 14, 2018. The amended law significantly...more

Massachusetts Lawmakers Turn Attention to Cybersecurity

In the wake of growing concerns about data privacy and cyber threats, Massachusetts lawmakers are increasingly focused on evaluating and improving the state’s cybersecurity policies and information technology infrastructure....more

Delaware Updates Data Breach Notification Obligations

by Morgan Lewis on

On August 17, 2017, Delaware Governor John Carney signed into law an act to amend Title 6 of the Delaware Code relating to breaches of security involving personal information. The amended law and the new obligations it...more

Defining Personal Information

by Bryan Cave on

The terms “personal information,” “personal data,” “personally identifiable information,” and “PII” are often left undefined in contracts and treated as if they were terms of art for which there was a single definition....more

Recent Enforcement Developments and Trends Regarding China's Cybersecurity Law

by Faegre Baker Daniels on

Since the Cybersecurity Law of China took effect three months ago, various peripheral regulations have been published by the Cyberspace Administration of China (CAC) and other related agencies. These regulations have...more

Delaware Updates its Data Breach Notification Law

Forty-eight states have enacted data breach notification laws, and they frequently are amended and updated. The most recent state to update its law is Delaware. ...more

New York DFS Cyber Rules Go Live: Here’s Your Roadmap

by Orrick - Trust Anchor on

August 28, 2017 marks the end of the initial 180-day grace period for compliance under the New York Department of Financial Services’ “first-in-the-nation” cybersecurity regulations (the “Rules”). The initial regulations...more

Health Care Companies Find Direction to Combat Cybersecurity Threats

by Burr & Forman on

More than 27 million patient records were affected by health care data breaches in 2016, according to a health care cybersecurity company. The cost associated with these breaches is staggering: an estimated $355 per stolen...more

Maryland and Delaware to Roll Out Changes to Data Breach Laws in 2018

by Baker Donelson on

States continue to amend their Data Protection and Breach Notification Requirements. Maryland and Delaware are the most recent states to pass legislation designed to bring additional precision to an organization's...more

Delaware Amends Data Breach Notification Law to Require Reasonable Data Security and Expand the Scope of Personal Information...

by Reed Smith on

On August 17, 2017, Delaware Governor John Carney signed into law House Substitute 1 for House Bill 180, making the first significant amendment to Delaware’s data breach notification law since 2005. The bill, scheduled to go...more

Eighth Circuit Affirms Dismissal of Scottrade Data Breach Suit

by Alston & Bird on

The United States Court of Appeals for the Eighth Circuit recently affirmed the district court’s dismissal of a putative class action brought by customers of the brokerage firm Scottrade in the wake of an alleged data breach...more

Healthcare Legal News: Volume 7, Number 2

by Dickinson Wright on

Where is your PHI Data Traveling Today? With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and...more

D.C. Circuit Moves Data Breach Suit Forward

The U.S. Court of Appeals, D.C. Circuit issued a decidedly pro-consumer opinion recently in addressing what is required to establish standing for a data breach class action....more

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

by Mintz Levin on

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more

Deadline to Meet DFS Cyber Regulation Is Monday

Banks, insurance companies and other financial institutions have only a few days left to comply with the first wave of requirements under New York’s controversial new cybersecurity regulation....more

Federal Trade Commission Presses Forward with Data Security Enforcement in Settlement with Uber

by Ropes & Gray LLP on

On August 15, Uber Technologies, Inc. (“Uber”) reached an agreement with the Federal Trade Commission (“FTC”) to settle allegations that the company deceived consumers by misrepresenting its security and employee access...more

Delaware Revamps Its State Data Breach Notification Statute

by BakerHostetler on

On Aug. 17, 2017, Delaware revamped its existing data breach notification statute. In doing so, Delaware became the second state (joining Connecticut) to mandate offering individuals affected by a breach of security involving...more

FTC Continues Series With Collection, Retention Safety Tips

For the Federal Trade Commission’s second blog post in its “Stick with Security” series, the agency discussed how to maintain a focus on security, regardless of the size of a business or the type of data it handles....more

A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond

Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data...more

GDPR Applies to US Firms

The European Data Protection Regulation is to come into force on 25 May 2018 (the “GDPR”). It introduces many far-reaching changes in data processing, including the possibility of the supervision authority to impose high...more

Delaware Amends Data Breach Statute

by Ballard Spahr LLP on

Delaware has joined the growing list of states that have recently amended their data breach laws. With passage of the first significant amendments to its data breach law since 2005, Delaware continues a state-law trend of...more

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Cybersecurity

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