News & Analysis as of

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

California Amends Law to Expand Businesses’ Obligations in the Wake of a Data Breach

Entities that own, license or maintain personally identifiable information on California residents beware – on January 1, 2015, an amendment to California’s privacy and breach law goes into effect that may have a significant...more

’Tis the Season for Data Breaches, Identity Theft

As U.S. consumers head into the shopping season – the weather is getting cooler, and the holidays are getting closer – it is a good idea to take extra precautions to protect bank accounts, credit cards and personal identity....more

New Executive Order Seeks to Improve Security of Consumer Financial Transactions

The Obama Administration is taking new steps aimed at improving the security of consumer financial transactions. Specifically recognizing that identity crimes, including credit card fraud, are a risk to U.S. economic...more

Breaking Old Ground: California Again Amends Breach Law

Not to be outdone by Florida, California has yet again amended its breach law and again in groundbreaking (yet confusing) fashion. On September 30, 2014, California Governor Brown signed into law a bill (“AB 1710”) that...more

California Passes New Law Protecting Consumers From Data Breaches

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1710, authored by Assembly Members Roger Dickinson (D-Sacramento) and Bob Wieckowski (D-Fremont). AB 1710 enhances consumer protections by strengthening the...more

California Passes New Data Breach Laws: Requirement to Offer Identity Theft Protection at No Cost, New Duties Imposed on...

California added new provisions to its data breach law on October 1 by signing Bill AB 1710 into law. The amendment to California’s Civil Code (1) requires entities that experience a data breach to provide identity theft...more

From Russia With Love: ‘Do svidaniya’ Peace Of Mind, Hello Information Security Training

So, this is rather embarrassing to admit, but I am one of those people that knows exactly what to do when your personal information is stolen. It’s not embarrassing that I know what to do. It’s embarrassing why I know what to...more

Florida Introduces Stringent Obligations with New Data Breach Law

In the wake of increasing pressure due to data breaches, Florida is introducing a stringent new data breach law to protect its residents from identity theft and financial harm. The new Florida Information Protection Act of...more

Federal Reserve Board Proposes To Repeal Duplicative Regulations Amend Identity Theft Red Flags Rule

On February 12, the Federal Reserve Board proposed to repeal its Regulation DD, which implements the TISA, and Regulation P, which implements Section 504 of the GLBA because the Dodd-Frank Act transferred rulemaking authority...more

Avoid Identity Theft Tax Troubles

Anyone can become a victim of identity theft, and it can happen anywhere. Michael Stores, Neiman Marcus and Target are simply the latest merchants to report that customer information was stolen. While being a victim of...more

Medical Identity Theft: New Recommendations By The California Attorney General To Health Care Organizations For Keeping Medical...

Unlike financial identity theft, which targets a victim’s financial health, medical identity theft threatens a victim’s very existence. The unauthorized access of a victim’s medical record not only grants the thief access to...more

Little Harm, Big Damages: AvMed Settlement Could Change the Landscape for Privacy Breach Class Actions

On October 21, Florida-based health insurer AvMed, Inc. (AvMed) settled a data breach class action lawsuit for $3 million, even though no plaintiffs in the class demonstrated that they had suffered identity theft or any other...more

Is Manitoba Set To Lead In Privacy Enforcement?

For the first time in nearly a decade, a province has enacted comprehensive private sector privacy legislation. Learning from the experiences federally and in the provinces of British Columbia and Alberta, Manitoba has...more

Canadian Privacy Law Update

The club of Canadian provinces with private-sector privacy legislation welcomes a new member this year: Manitoba has passed the The Personal Information Protection and Identity Theft Prevention Act (PIPITPA), joining B.C.,...more

California Data Breach Notification Laws Expand to Include Login Information

On Friday, September 27, California governor Jerry Brown signed a bill, S.B. 46, which increases the online protection of potential identity theft for Californians by requiring companies to give notice when a California...more

California Court of Appeal Says Chevron Can Collect ZIP Code Information for Pay-at-the-Pump Transactions

On June 20, 2013, the California Court of Appeal affirmed the dismissal of a putative class action which alleged that Chevron violated California’s Song-Beverly Credit Card Act (“Song-Beverly”) by requiring California...more

Legal Alert: Senate Finance Committee Hears Testimony on Proposal to Limit Access to Death Master File

On April 16, 2013, the Senate Finance Committee held a hearing on “Tax Fraud and Tax ID Theft: Moving Forward With Solutions,” including testimony on proposals to restrict access to the Social Security Administration’s Death...more

Retailers Should Use Caution In Collecting Zip Codes From Consumers

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more

Was This Identity Theft? Sixth Circuit Should Limit Meaning of That Term

What’s in a name? When you think of identity theft, you typically think of someone taking a person’s name plus some other identifiers, like their address and Social Security number or credit card number, to go on a...more

The Data Breach Lawsuit Powder Keg

Most data breaches occur because companies fail to implement adequate safeguards to protect personal identifiable information, and data breaches are growing in scope and sophistication. A study by NetDiligence concluded that...more

Blood Bank Data Breach Class Action Settlement Preliminarily Approved by California District Court Judge

In Johansson-Dohrmann v. CBR Systems, Inc. et al, No. 3:12-cv-01115 (S.D. Cal., filed May 7, 2012), the latest data privacy class action to reach settlement, Judge Michael M. Anello on February 5, 2013 granted preliminary...more

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