Data Security

News & Analysis as of

FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues

The Federal Trade Commission’s recent workshop on drones raised familiar issues related to the privacy implications of a new and evolving technology. While the many potential innovations and consumer benefits of drone...more

DoD Finalizes Cybersecurity and Cloud Computing Rule

On October 21, 2016, the Department of Defense (DoD) issued a final rule following-up on the interim rules it had issued on August 26 and December 30, 2015, regarding safeguarding contractor networks and purchasing cloud...more

Insurance Regulators Fine Tuning Cybersecurity Guidance

You may not realize how much personal information your insurance company has about you. Scarier still is that much of this data is sensitive and valuable to hackers – such as your Social Security number, financial...more

The State of File Sync and Share

Now more than ever before there is an increased demand for employees to share and collaborate on documents with people inside and outside of their respective organizations. For this reason, organizations of all shapes and...more

3 Guidelines to Maximize Value of Data

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive...more

Privacy Tip #57 – Do Those Chip Credit Cards Really Protect Me from Fraud?

There are a half a billion chip cards in the market right now. They have been touted to improve security and reduce credit card fraud. But do they? According to a new report, both Visa and MasterCard have reported that...more

Cyber Security and Loss Recovery - A New Alternative for Organizations

The largest data breaches ever have occurred since 2015, and targets have encompassed a wide spectrum of entities. Organizations affected range from U.S. DOJ and the IRS—where citizens’ personally identifying information was...more

Advertising Law - October 2016 #3

YouTube Adds Sponsored Content Notification Feature - To help influencers achieve compliance with the necessary disclosures about their relationships with advertisers, YouTube has unveiled a new tool to provide notice to...more

Department Of Defense Issues Final Cyber Incident Reporting Rule

On October 4, 2016, the Department of Defense (“DoD”) published a final rule implementing mandatory cyber incident reporting requirements for DoD contractors and subcontractors. The rule, which is effective as of November 3,...more

California Attorney General 'Crowdsources' Reporting of Privacy Policy Violations

This initiative by the Attorney General is effective immediately and is just the latest example of California’s effort to increase enforcement of laws aimed at protecting the privacy and data security of individual consumers....more

Cybersecurity Requirements Proposed for New York Financial Companies

The New York Department of Financial Services has proposed new cybersecurity regulations “designed to promote the protection of customer information as well as the information technology systems of regulated entities...more

Feds Propose Enhanced Cyber Standards for Nation’s Largest Banks and Their Boards

Bank regulators are continuing to demand more accountability from corporate leaders when it comes to compliance with cybersecurity safeguards. In an advance notice of proposed rulemaking issued yesterday, federal...more

Five Takeaways: Is Anything Private Anymore? Privacy Considerations for Social Media, Sweepstakes & More

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present to the American Conference Institute’s 5th Annual Summit on Digital Advertising...more

Expected Soon: Modifications of the Standard Contractual Clauses

The European Commission very recently presented two draft implementing decisions amending the existing adequacy decision on standard contractual clauses. These drafts were presented to the Article 31 Committee, which is...more

Industry Insight: Information Governance – Leverage Your Business Intelligence and Reduce Risk

“The goal is to turn data into information, and information into insight.” – Carly Fiorina, former CEO, Hewlett-Packard Co. The most valuable asset of every organization is information. Organizing, analyzing and...more

New York's New Cybersecurity Rules: What Is Required?

The new cybersecurity rules proposed by the New York State Department of Financial Services require financial services institutions to have extensive cybersecurity protections in place; including cybersecurity programs,...more

Vermont Settles with B2B Software Developer over Security Practices

Yesterday, the Vermont Attorney General announced a settlement with business-to-business software developer Entrinsik, Inc., resolving allegations that the company’s Informer program violated Vermont law, including the law...more

Draft Cybersecurity Self-Assessment Tool Published

The National Institute of Standards and Technology (NIST) recently published a draft cybersecurity self-assessment tool entitled “The Baldrige Cybersecurity Excellence Builder,” which provides organizations with a tool to...more

Small Companies and Those Not Certified Under the Safe Harbor Face Hidden Costs in the EU/US Privacy Shield Certification Process

The Privacy Shield in a nutshell. The Privacy Shield permits U.S. businesses to process and control the personal data of individuals, aka data subjects, located in the European Union (EU). Without the Privacy Shield,...more

New Tools Help Providers Become Smarter Users of Electronic Health Records Systems

Healthcare providers excel at providing care to their patients, not designing IT strategies. Even so, with the trend toward value-based payments increasing, more healthcare providers have turned to electronic health records...more

FCC Releases Proposal for New Privacy Rules Governing ISPs

In an October 6, 2016, blog post and accompanying fact sheet, FCC Chairman Tom Wheeler outlined his proposal for new privacy rules governing Internet Service Providers (ISPs) to be considered by the full Commission during its...more

How to Avoid Risk When Renting, Selling or Streaming Video Content

The Video Privacy Protection Act (“VPPA”) was passed in 1988 in reaction to a fear that people other than a consumer and a video rental store could collect information on a consumer’s video rental history. This was not an...more

Breaches of Mobile-Banking Apps — What can you do?

American banks maintain many levels of protection against fraud. Institutions accurately and quickly can detect suspicious account activity, credit-card charges and funds transfers. But it seems the sophisticated software...more

OCR Releases HIPAA Guidance on Cloud Computing

On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (OCR) released HIPAA guidance on cloud computing (Guidance). The Guidance is intended to help covered entities and business associates...more

UK ICO issues largest ever fine for a data breach

The UK Information Commissioner's Office (the "ICO") has issued a record fine of £400,000 to a UK telecoms company, in connection with a data breach that took place in October 2015. The fine, and the related adverse...more

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