News & Analysis as of

Dealing with High Risk Data

When people think of high risk data, most think of Personal Health Information and Personally Identifiable Information as it relates to HIPAA and the health care industry, but Steve Shebest’s very informative article “High...more

New York Attorney General Announces Proposal to Revamp State Data Security Laws

On January 15, 2015, New York Attorney General Eric Schneiderman indicated that he plans to propose legislation to update New York’s information security laws, including by revising the definition of “private information”...more

4 Things You Must Know About the New York Attorney General’s New Data Security Proposal

Fast on the heels of President Obama’s proposal to create a national data breach notification standard, yesterday, New York Attorney General, Eric Schneiderman announced that he will propose legislation that would...more

Newly-Adopted Privacy Standards for Cloud Service Providers

The International Standards Organization’s new cloud standard, ISO 27018, strives to ensure that public cloud service providers (such as Amazon, Google, and Rackspace) “offer suitable information security controls to protect...more

Protecting A Family’s Most Valuable Asset – Privacy

Each day, family offices receive, relay, and manage a family’s private information. Depending on the family and the role of the family office, the information managed can be voluminous and include financial information, tax...more

On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

Don’t Be the Next Data Breach Target

As the much-publicized data breaches of the last year reveal, third parties are often the gateway to an organization’s data. As repositories of vast amounts of confidential client data in e-discovery, such as personally...more

In the Cybersecurity Hot Seat: How Law Firms are Optimizing Security While Reducing Cost and Risk

Your Highest Priority is also Your Greatest Challenge - Data breaches are not just dramatic headlines in the Wall Street Journal and New York Times—they are events that increasingly are affecting companies and...more

Top 12 Ways Retailers Can Address Privacy Issues This Holiday Season

In this installment of “Perkins Coie Wrapping Papers,” we take inspiration from “The Twelve Days of Christmas” to provide an overview of the top twelve privacy and data security issues retailers should consider as the year...more

Inspector General’s Report Criticizes the Department of Homeland Security for Inadequate Privacy Policies and Controls

On November 14, 2014, the Office of Inspector General (OIG) for the Department of Homeland Security (DHS) issued a report critical of the agency’s performance in protecting personally identifiable information (PII) and...more

Encryption and Securing BYO Devices at the Heart of Massachusetts AG $100,000 Settlement

The Massachusetts Attorney General announced Friday that her office had reached a settlement with Beth Israel Deaconess Medical Center (BIDMC) surrounding a 2012 data breach in which a physician’s unencrypted personal laptop...more

Advertising Law - November 2014 #2

Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims - Just how safe is the purported “safest place on the Internet”?: Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more

Blog: How Student Privacy and California’s SOPIPA May Affect You

California recently passed the Student Online Personal Information Protection Act (“SOPIPA” a.k.a. “so-peep’-ah”), which is the first state law to comprehensively address student privacy and will be effective January 1, 2016....more

Payment Industry Council Issues Best Practices For Security Awareness

Recently, the Payment Card Industry (PCI) Security Standards Council published guidance to help organizations strengthen their security awareness. The guidance, developed by retailers, banks, and technology providers, details...more

Investment Management Update - Focus on Data Privacy and Cybersecurity [Video]

Pepper partners Gregory J. Nowak and Angelo A. Stio III discussed data privacy and cybersecurity issues for investment funds during a recent webinar for West LegalEdcenter. This podcast is a recording of their...more

IP|Trend: It’s Time to Get to Know the Federal Trade Commission [Video]

Like it or not, the Federal Trade Commission (FTC) has injected itself into regulating and monitoring data privacy practices of corporations. Attorneys Seth Northrop and Richard Martinez discuss what this means for companies...more

Blog: What You Should Know About Your Company’s Privacy Policy

Except for a handful of laws that apply to specific industries, such as health and financial services, there is no comprehensive federal law that requires companies to have a privacy policy. However, some states, including...more

ICO Issues Warning over Misuse of Personal Data

The warning follows the recent Magistrate's Court decision which saw the ICO use its enforcement powers to bring criminal proceedings against a paralegal at a law firm, for unlawfully obtaining personal data. The paralegal...more

FCC: The New Data Security Sheriff In Town

Data security seems to make headlines nearly every week, but last Friday, a new player entered the ring. The Federal Communications Commission (“FCC”) took its first foray into the regulation of data security, an area that...more

Sterk v. Redbox: 7th Circuit’s Affirmation of Exceptions to the Video Privacy Protection Act (VPPA)

In a recent 7th Circuit decision, the court rejected an appeal that sought relief against Redbox Automated Retail, LLC under 18 U.S. Code §2710. Redbox Automated Retail, LLC utilizes a third-party, Stream Global Services,...more

FCC Enters the Data Security Enforcement Field with $10 Million Fine on Telecoms

In a first for the FCC, it announced on October 24 that it intends to fine two telecom companies $10 million for data security violations...more

Data protection obligations on banks into force in Italy

The Italian Data Protection Authority issued regulations introducing new relevant data protection obligations for banks in the processing of customers’ personal data by their employees aimed at monitoring the transfer of...more

New York Court Holds No Coverage for Publication of Credit Card Information

In its recent decision in Nat’l Fire Ins. Co. v. E. Mishan & Sons, Inc., 2014 U.S. Dist. LEXIS 130608 (S.D.N.Y. Sept. 16, 2014), the United States District Court for the Southern District of New York had occasion to consider...more

California Updates State Breach Notification Law, Expands Security Procedures to Entities that “Maintain” Personal Information

On September 30, 2014, California took further steps to protect the personal information of its residents by amending several sections of its breach notification and information security laws (Cal. Civ. Code §§ 1798.81.5,...more

Mobilizing on Mobile Apps: The FTC’s Comment to the CFPB Signals its Priorities

In recent months, the Federal Trade Commission (“FTC”) has been steadily ramping up its efforts to monitor, regulate, and provide best practice guidance in the rapidly expanding field of mobile applications. On September 10,...more

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