Data Security

News & Analysis as of

Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's...more

PCI DSS – What It Is and Why It Is Relevant to Your Business

Increasingly, companies are raising questions about PCI-DSS and its applicability to their businesses. This Legal Alert summarizes the basic aspects of PCI-DSS and its application....more

Legal Issues Raised by the Driverless Vehicle Revolution – PART 2

Part 1 of this article, published in the December 2015 Business Litigation Report, described emerging driverless vehicle technology and related patent and patent ligation issues. Part 2 continues this discussion with the...more

FinTech Focus: New European Directive on Payment Services (PSD2) Comes into Force

On 12 January 2016, the long-awaited revised Payment Services Directive (“PSD2”) came into force in Europe. This replaces the Payment Services Directive (“PSD”) that has been in place since 2007. The deadline for EU member...more

NIST seeks comments on randomness to protect sensitive information

The National Institute of Standards and Technology (NIST) announced last week that it is seeking comments on its draft publication “Recommendation for the Entropy Sources Used for Random Bit Generation.” What does this mean...more

eBook Doing Business in Massachusetts: A Guide to U.S. and Massachusetts Law for Non-U.S. Businesses

This guide is intended to provide foreign business-people with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in The Commonwealth of...more

European Commission Celebrates Data Protection Day; Deadline for US-EU Data Protection Framework Approaches

On January 28, the European Commission issued a statement in observance of its 10th European Data Protection Day. Vice President Ansip and Commissioner Jourová commented on the December 2015 agreement on EU data protection...more

Backdoors to encryption protocols vs. cybersecurity: weighing priorities in the U.S. and abroad

With the revelations that the Paris and San Bernardino attackers used encrypted communications to recruit, communicate and plan their attacks, the U.S. government is again pushing the tech industry to provide it backdoor...more

Weak Baby Monitor Security Subject of FTC Internet of Things Study

On January 19, the Federal Trade Commission posted the results of a small study of baby monitor security, finding that four out of five devices tested did not have basic security procedures in place. The FTC warned that such...more

CISA Is Now Law—What It Means for Your Organization

After several fits and starts, Congress finally passed the Cyber Information Sharing Act of 2015 (CISA) as part of the omnibus budget bill. President Obama signed the bill into law on December 18, 2015. CISA allows—but...more

Centene announces search for missing hard drives containing PHI of 950,000 individuals

Centene Corporation, a health insurer headquartered in St. Louis, announced on January 25, in a press release that it is undertaking an, “ongoing comprehensive internal search for six hard drives that are unaccounted for in...more

Happy Data Protection Day! ICO and Senate Committee’s spotlight on data protection

In preparation for European Data Protection Day on 28 January, the ICO commissioned a survey on attitudes towards data protection. The YouGov poll revealed growing public concern over data privacy and security. Of more...more

Going Mobile With Recruiting

As employers search for the right workers and workers search for the right jobs, it’s worth considering the techniques of the industry that has the most mobile workforce and has the toughest time finding workers – trucking. ...more

FireEye acquires iSight Partners for $200 million

Cybersecurity firm FireEye (owner of Mandiant forensics unit) has announced that it has acquired iSight Partners for $200 million, which boosts the two well-known cybersecurity firms’ ability to provide additional...more

Department of Homeland Security & Cyber Governance: It Starts at the Top

The U.S. Department of Homeland Security’s (DHS) top privacy official said today that a “clear mandate” from top management is the foundation of an organization’s ability to establish and implement an effective data security...more

Breaking News: Hacker’s Conviction Affirmed Despite Lower Court’s Error

This week, the United States Supreme Court upheld a conviction under the Computer Fraud and Abuse Act despite the Court’s acknowledgement that the jury had been wrongfully instructed on the elements of the crime charged. ...more

Supreme Court Issues CFAA decision in Michael Musacchio v. United States

On Monday, January 25th, the Supreme Court issued the most recent Computer Fraud and Abuse Act decision in Michael Musacchio v. United States. After leaving his employer to start his own company, the defendant (a former...more

Data Security in the Financial Industry: Five Key Developments to Keep An Eye on in 2016

According to a 2015 report on threats to the financial services sector, 41% of financial services organizations polled had experienced a data breach or failed a compliance audit in the previous year, and 57% listed preventing...more

Technology Industry Newsletter - January 2016

As we begin the new year, it is a good time to reflect on the emerging trends in technology that present opportunities to be explored by entrepreneurs who are considering starting new businesses and growing existing...more

The President’s Precision Medicine Initiative – The First Annual Check-Up

Watching President Obama’s recent 2016 State of the Union Address reminded me that one year has passed since the President announced a new “precision” or personalized medicine initiative to advance personalized, effective...more

Baby You Can Drive My Car

Consumers can expect many benefits from their cars’ increased data collection programs, running the gamut from simple location services like GPS and OnStar to “networked” cars that can communicate their location with other...more

Privacy vs. Data Security: Why Plaintiffs in Consumer Data Breach Cases Still Have a Long Way to Go

The year 2005 really marked the beginning of the “era of data breaches,” and with it, the “era of data breach lawsuits.” The ChoicePoint data breach in late 2004, which first became newsworthy in early 2005, was the catalyst....more

FTC’s PrivacyCon Highlights Consumer Privacy Perceptions and Targeting

The Federal Trade Commission is currently the most aggressive enforcement agency on privacy and data security. The agency kicked off 2016 with PrivacyCon on January 14, which put the spotlight on academic research on consumer...more

Employment Law Navigator – Week in Review: January 2016 #4

The U.S. Department of Labor issued its guidance on the joint-employer relationship last week, to much fanfare. The Administrator’s Interpretation takes a strikingly similar approach to that of the National Labor Relations...more

International Data Privacy: How to Navigate the Challenges

Hardly a day goes by when the news doesn't include some privacy-related story or scandal. To name just a few recent examples, we've seen: ..Highly publicized losses of customer credit card data by household-name...more

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