News & Analysis as of

Data Security

Breadcrumbs to our demise.

Data does not exist in a vacuum. There are some very lucrative careers based on the extraction of multiple, divergent uses of a single data set. It follows that the fitness tracker that collects and analyzes data to...more

Target Reaches $18.5 Million Dollar Settlement in Data Breach with States

It seems as though we have been writing about this case for a lifetime. Target Corporation’s data breach saga came one step closer to a conclusion this week. On Tuesday, Target reached an $18.5 million settlement with 47...more

The State AG Report Weekly Update

by Cozen O'Connor on

2018 Election Update- Michael Dougherty Announces Bid for Colorado Attorney General- Michael Dougherty formally announced his candidacy to become Colorado AG. Dougherty is the third Democrat to formally enter the...more

Ultrasonic Cross-Device Tracking: A Consumer Management Tool with FTC Warnings

A consumer’s television or computer may be emitting silent signals that her smartphone can hear, recognize and answer back, but the consumer can’t sense them at all. These signals are telling retailers about their customer’s...more

Federal Court Stands By Earlier Decision Holding Financial Institutions To Higher Standard Than Customers When Pursuing Data...

by King & Spalding on

On May 1, 2017, an Illinois federal district judge dismissed data breach-related claims brought by financial institutions against a grocer. The court distinguished the case from similar lawsuits aimed at Home Depot and...more

FCC Privacy Rules Repealed – Before Becoming Effective

by Locke Lord LLP on

On April 3, 2017, President Trump signed Senate Joint Resolution 34 (SJR 34), which effectively repealed not-yet-in-effect Federal Communications Commission regulations designed to limit use of customer information by...more

HIPAA spring check-up: Your obligations to safeguard third-party patient health information in medical records produced in...

You’ve had your apple a day, but you can’t keep the subpoenas away… And, if your organization is facing a request seeking records or other materials that may contain patient health information (“PHI”), it bears...more

OIG Report Continues Criticism of CFPB Enforcement Data Security Practices

by Ballard Spahr LLP on

On May 15, 2017, the Federal Reserve Office of Inspector General – which also oversees the CFPB – released a report finding deficiencies in the CFPB Office of Enforcement’s (Enforcement) processes for securing sensitive...more

Compliance into the Weeds-Episode 39, Disclosure of Ransomware Attacks [Video]

by Thomas Fox on

In this episode Matt Kelly and I take a deep dive into the question of whether a company has a duty to disclose ransomware attacks. We consider it from the regulatory, legal, ethical, law enforcement, business, PR and some...more

“If at First You Don’t Succeed…” - Shareholders Keep Trying to Sue D&Os for Data Security Breaches

by Locke Lord LLP on

Several high-profile lawsuits have been filed in recent years by shareholders seeking to hold corporate officers and directors liable for damage resulting from data security breaches. For example, directors and officers at...more

New Regulations to Implement Cybersecurity Law of China

by Faegre Baker Daniels on

Since the Cybersecurity Law of China will take effect on June 1, 2017, the Chinese government has issued multiple regulations related to the implementation of this law, including the rules regarding the cross-border data...more

ABA Encourages Encryption of Emails When Transmitting Confidential Client Information

by Seyfarth Shaw LLP on

In a recent formal Ethics Opinion, the American Bar Association stressed that lawyers must make reasonable efforts to prevent inadvertent or unauthorized access to confidential information relating to the representation of...more

Self-Sovereign Identity and Distributed Ledger Technology : Framing the Legal Issues

by Perkins Coie on

Purpose - Distributed ledger technology (“DLT”), including the use of blockchain technology, has been touted as a way to create and validate digital identities that serve many of the same purposes that physical forms of...more

Security Due Diligence In A Merger Or Acquisition: A How-To Guide

by Bryan Cave on

The FTC can hold an acquirer responsible for the bad data security practices of a company that it acquires. Evaluating a potential target’s data security practices, however, can be daunting and complicated by the fact that...more

Data Security Under Commissioner Ohlhausen: What You Need to Know

The Federal Trade Commission (FTC) has been a critically important regulator of cybersecurity practices in the US, using its authority under Section 5 of the FTC Act to bring enforcement actions against companies for failing...more

Cross-border Data Flows: FAQs Released for Swiss-U.S. Privacy Shield

by Reed Smith on

For organisations with data flows between the United States and Switzerland, it is now possible to self-certify into the Swiss-U.S. Privacy Shield Framework. This process became available on 12 April 2017. The Swiss-U.S....more

Settlement in Home Depot Class Action Provides Data Security Corporate Governance Framework for Companies

by Nossaman LLP on

The latest settlement in Home Depot’s data breach litigation provides a data security framework for corporate governance that may be used by other companies as a template. Based on claims arising from a massive data breach...more

ABA Critical of HMDA Rule in Comments to Treasury Secretary

by Ballard Spahr LLP on

Based on the President’s executive order 13772 on The Core Principles for Regulating the United States Financial System, the American Bankers Association (ABA) submitted a white paper to Treasury Secretary Mnuchin that...more

WannaCry Malware and Medical Device Security

The WannaCry virus has infected and frozen computers in many industries around the world. According to a news source report, the virus has extorted doctors and hospital administrators for the keys to unlock and regain access...more

NISPOM Change 2 Deadlines Coming for Cleared Contractors

by Hogan Lovells on

As industry comes up on the one-year anniversary of the publication of Change 2 to the National Industrial Security Program Operating Manual (NISPOM)1, a number of implementation deadlines are drawing near. This blog post...more

Senator To Propose ISP Consumer Privacy Bill

by King & Spalding on

On Friday, April 14, 2017, Senator Richard Blumenthal (D-Conn.) announced his plan to introduce a bill that would allow the Federal Trade Commission (“FTC”) to regulate consumer privacy protections regarding Internet service...more

Deeper Dive: Forensics

by BakerHostetler on

A company’s ability to quickly and efficiently conduct a forensic investigation is critical to limiting the impacts of a data security incident and determining the scope of the incident. In BakerHostetler’s 2017 Data...more

Global Ransomware Attack Update

We’ve been following the latest on the WannaCry ransomware attack that we first told you about over the weekend. A feared “second strike” did not materialize today, but victimized firms in over 100 countries are still...more

Cybersecurity Considerations in the Energy Sector

by Hogan Lovells on

Cyber threats are pervasive, growing, and real, whether an individual is dealing with them professionally as a Cyber Security Practitioner (CSP) or has been touched by cybercrime in his or her personal life. In today’s...more

Data Privacy and Security – What is the Difference?

by Michael Volkov on

The terms “Data Privacy and Security” are being thrown around a lot lately. Just recently, England’s health services and medical facilities were shut-down and the target of a ransom note (demanding, of course, payment in...more

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Cybersecurity

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