Personally Identifiable Information

News & Analysis as of

Business Litigation Reporter - May 2015

Lawsuit Dismissed Where Defendant Hulu Did Not “Knowingly” Disclose Personal Identifying Information. In In re: Hulu Privacy Litigation, 2015 WL 1503506 (N.D. Cal. March 31, 2015), the plaintiffs alleged that Hulu had...more

Are You Ready for the New Student ID Requirements?

Commencing June 1, 2015, Louisiana schools must adhere to several new restrictions and requirements regarding student identification and students’ personal information. This is the latest step in a process designed by the...more

Privacy Policy Impacts RadioShack’s Sale of Customer Information

On April 10, 2015, RadioShack, and certain affiliated debtor entities, proposed a bankruptcy sale of certain assets, including Personally Identifiable Information (“PII”). Deposition testimony in the case revealed that, over...more

Nevada and North Dakota amend state breach notification laws

Nevada has amended its breach notification law, effective July 1, 2015, to include a medical or health insurance identification number and a user name, unique identifier, or e-mail address in combination with a password or...more

CareFirst, Third Major Health Insurer This Year To Be Hit By Cyberattack

On May 20, 2015, CareFirst BlueCross BlueShield (“CareFirst”) announced that it was the latest victim of a major cyberattack, with as many as 1.1 million plan customers affected. Current and former CareFirst members and...more

With the IRS breach, it’s clear your data is at risk

The Internal Revenue Service (IRS) released on Tuesday, May 26, 2015, news of a major data breach, estimated to have affected 100,000 U.S. households’ tax returns. The data was wrongfully obtained from an IRS application...more

IRS Data Breach Results in Thousands of Fraudulent Tax Returns

On Tuesday, May 26th, 2015, the IRS disclosed that a data breach of its online Get Transcript application occurred when sophisticated hackers attempted to access over 200,000 personal tax accounts. More importantly, however,...more

Healthcare Organizations not Immune from Criminal Attacks on Sensitive Information

This month, the Ponemon Institute released its Fifth Annual Benchmark Study on Privacy & Security of Healthcare Data and its findings are generating a good deal of attention. In the past, the Study has found that most data...more

Nevada Expands PI Definition under Data Breach Law

Becomes the fifth state to amend its data breach statute since January 2015 The definition of “personal information” (“PI”) just got a little bit bigger in the Silver State. On May 13, Nevada Governor Brian Sandoval signed...more

Government Contracts Quarterly Update - May 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics in the...more

USA Today Defeats Video Privacy Class Action

In Yershov v. Gannett Satellite Information Network, Inc. d/b/a USA Today, No. 14-13112 (D.Mass. May 15, 2015), the District Court for the District of Massachusetts recently granted a motion to dismiss a putative class action...more

Data Breach Insurance: Does Your Policy Have You Covered?

Recent developments in two closely watched cases suggest that companies that experience data breaches may not be able to get insurance coverage under standard commercial general liability (CGL) policies. CGLs typically...more

Data breach coverage denial upheld by Connecticut Supreme Court

In a 3 page per curiam decision issued this week, the Connecticut Supreme Court upheld a lower court’s decision holding in Recall Total Information Management, Inc., et. al v. Federal Insurance Company, that Federal Insurance...more

Nevada Broadens Definition of Personal Information for Purpose of Encryption and Breach Notices

On May 13, Nevada passed a new law (A.B. 179) expanding the definition of “personal information” to include a natural person’s first name or initial and last name in combination with: 1) medical and health insurance...more

At least 90 class actions primed for consolidation relative to 2015 Anthem data breach

On February 4, 2015, health insurer Anthem disclosed a data breach affecting the personal and financial information of up to eighty million Anthem members throughout the United States. Beginning the very next day, class...more

North Dakota Focused on Privacy and Information Security; AG Wants to Know if You’ve Been Breached

Come August 1, North Dakota’s Attorney General will expect to hear from you if your company suffers a breach of computerized data affecting more than 250 persons. On April 13 North Dakota Governor Jack Dalrymple signed S....more

Nevada Expands Definition of PI for Purposes of the State’s Breach and Safeguards Laws

Nevada’s recently amended law will, among other things, create the first state mandate to encrypt online account credentials. Specifically, on May 13, 2015, Nevada Governor Sandoval approved a bill (“AB 179”) to expand the...more

State AGs’ Interest in Privacy and Cybersecurity – No End in Sight – REDUX (or, if you prefer, we told you so…)

Reed Smith has been closely following the interest and activities of State AGs in the areas of privacy and cybersecurity, and recently blogged on a major NAAG (National Association of Attorneys General) conference in April on...more

In-Store Monitoring: How to Enjoy the Benefits of Tracking While Minimizing Potential Privacy Issues

In the latest example of the conflict between technological innovation and privacy concerns, the Federal Trade Commission (FTC) reached a settlement agreement last month with Nomi Technologies, Inc. Nomi is a startup...more

Significant Song-Beverly Developments Continue—Court of Appeal Signals it May Be Ready to Articulate a Bright Line Test of When a...

On May 13, the California Court of Appeal heard oral arguments for Harrold v. Levi Strauss, a case involving the question of whether a retailer violates the Song-Beverly Credit Card Act (“Song-Beverly”) by requesting a...more

Internal Revenue Service Announces Creation Of A Criminal Investigative Team To Focus On Cyber Tax Fraud

A May 5, 2015 report detailed that the Internal Revenue Service (“IRS”) has created a new cybercrime investigation team. Based in Washington, D.C., and made up of about a dozen specially-trained agents, the unit will focus...more

Spotlight on Vendor Management: “Brother’s Keeper” Enforcement Pattern Becoming the Norm

Two regulatory enforcement matters announced in April offer a view into the current mindset of regulators in the ever-evolving world of vendor management. First, the Federal Communications Commission (FCC) announced a $25...more

North Dakota Broadens Reach for Breach Notification

North Dakota recently enacted an amendment that will again tighten its existing breach notification law. The current law, North Dakota Century Code Section 51-30 et. seq., has evolved over time, having been previously amended...more

Entertainment Industry Agent Rightscorp Seeks Personally Identifiable Information of Thousands of Internet Users

In the past two years, Rightscorp, Inc. has sought the identity of thousands of Internet subscribers across the country, in order to obtain settlements for alleged violations of its clients’ copyrights. ...more

Senator Leahy Introduces Data Privacy And Notification Law With Limited Preemption of State Law

On April 30, 2015, Senator Patrick Leahy (D-VT) introduced new data breach legislation. The proposed law would require companies to meet certain consumer privacy and data protection standards and to notify individuals within...more

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