News & Analysis as of

Iowa Breach Notification Law Now Requires AG Notification, Applies to Paper Records

Iowa recently joined an increasing number of states that require notification of state regulatory authorities following a breach, as well as a handful of states in which paper records can trigger notification obligations....more

Connecticut Appellate Court Affirms Denial of Coverage Under CGL Policy for Data Breach

As more data breaches and information security events occur, the insurance industry will see more disputes over whether losses from these events are covered under commercial general liability (CGL) policies. In the latest...more

International Privacy - 2013 Year in Review

2013 was a year in contrasts within data privacy. To begin with the “normal” course, Canada sought (but failed) to pass a mandatory breach notification amendment to its federal privacy law, and Uruguay acceded to the European...more

International Privacy - 2013 Year in Review - Ukraine

Ukraine privacy law is undergoing a dramatic shift with its introduction of new legislation, “On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection,” enacted on July 3,...more

International Privacy - 2013 Year in Review - Canada

This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011,...more

New PRC Consumer Rights Law fills legal void governing data privacy protections – get ready for 3/15/2014 effective date

The newly revised Consumer Rights and Interests Protection Law of the People’s Republic of China (the Consumer Rights Law, promulgated on October 25, 2013 and becoming effective March 15,2014) is the first revision of China’s...more

On the Second Day of Privacy, California Gave to Me……

Well, the headlines don’t exactly work with the traditional tune, but blame the editor for that... 2013 was a busy year for California. We passed a budget with a surplus, let Kim and Kanye get engaged in one of our...more

A Warning for Websites Allowing Data Collection for Online Behavioral Advertising

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program (“the Accountability Program”) issued its first ever compliance warning on October 14, a move that is intended to clarify the obligations...more

European Parliament Adopts Compromise Amendments on Data Protection Regulation

Introduction - On October 21, 2013, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) held its long-awaited vote and adopted compromise amendments that would modify the...more

Manitoba’s Private Sector Privacy Law – Similar to Alberta’s Law, but Important Differences Exist

On September 13, 2013, Manitoba joined Quebec, British Columbia and Alberta by enacting provincial private sector privacy legislation. Once it comes into force, Manitoba’s Personal Information Protection and Identity...more

Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more

New California Law Protects Online Account Information

As of January 1, security breach notifications must be provided to consumers when certain account information is compromised. On September 27, California Governor Jerry Brown signed into law Senate Bill No. 46 (S.B....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 Enacts Several Pieces of New Privacy Legislation

California is continuing to blaze new trails in the area of online data privacy. Gov. Jerry Brown recently signed into law several new pieces of privacy legislation. The new laws affect all operators of commercial Web sites...more

New Law Requires Local Public Agencies in California To Notify Anyone Affected by a Security Breach

Cities, Counties, Special Districts and School Districts Must Now Notify Those Impacted by Security Breaches - Gov. Jerry Brown recently signed Assembly Bill 1149 (AB 1149) and Senate Bill 46 (SB 46) into law,...more

California Requires Notice for Breaches Involving User Names and Passwords

On September 27, California Governor Brown once again signed into law a bill amending the state’s breach law (“S.B. 46”). This latest amendment is particularly significant because it represents the first major effort by a...more

Vermont Grocery Store Agrees to Settlement with Attorney General for Alleged Violation of State Data Breach Response Laws

Natural Provisions, Inc., a Vermont health foods grocery chain, agreed to pay $30,000 to settle claims brought by the Vermont attorney general that it failed to notify consumers and the attorney general within the statutory...more

OCR Releases Model Notices of Privacy Practices

Under the Privacy Rule, an individual has the right to adequate notice of how a covered entity may use and disclose PHI about the individual, as well as his/her rights and the covered entity’s obligations with respect to that...more

North Dakota Breach Notification Law - Personal Information Includes Health Information

North Dakota has amended its Notice of Security Breach for Personal Information statute, North Dakota Century Code Section 51-30 et seq., to expand the definition of “personal information” to include “medical information” and...more

California Attorney General’s Report Reveals Millions Affected By Data Breaches In 2012

A report recently issued by the California Attorney General reveals that millions of Californians were the victims of a data breach in 2012, mostly due to intentional intrusions by outsiders or by unauthorized insiders....more

The Costs of Data Breach

Scott & Scott, LLP attorney, Brian Von Hatten, suggests organizations should take necessary and required measures to safeguard consumer's personally identifiable information (PII) because of the significant risks and...more

Choosing a Winner: Knowing sweepstakes and contest laws up front can prevent future problems

Illinois Court Rules that Contest Sponsor’s Use of Entrant’s Image is a Violation of the State’s Publicity Acts - An Illinois court recently found that a contest sponsor’s publication of images violated the Illinois...more

China's First-Ever National Standard on Data Privacy - Best Practices for Companies in China on Managing Data Privacy

Companies doing business in China should take careful notice that China is now paying more attention to personal data privacy collection. This would be an opportune time for private companies to internally review existing...more

Mobile Apps Bill Introduced in the House of Representatives

Lawmakers in Washington, D.C., continue to show interest in understanding and developing regulatory proposals relating to mobile apps. The interest appears to be driven, at least in part, by policymakers’ concerns about...more

Mandatory Notification a Step Closer to Reality for Serious Privacy Breaches

On 2 May 2013, the Australian Government released, to a limited number of key stakeholders, a confidential Exposure Draft Bill for an Australian mandatory data breach notification scheme. This is the strongest indication yet...more

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