Personally Identifiable Information

News & Analysis as of

Nationwide Moves for Reconsideration Following Sixth Circuit’s revival of Data Breach Class Action

On September 26, 2016, Nationwide Mutual Insurance Co. (“Nationwide”) petitioned the Sixth Circuit Court of Appeals to reconsider its September 12, 2016 ruling that revived a class action arising out of Nationwide’s 2012 data...more

Asia-Pacific Data Flow

On October 19, the US Department of Commerce and the Personal Information Protection Commission of Japan announced their commitment to expand the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules (CBPR)...more

New Tool in Calif. AG’s Privacy Enforcement Efforts: Consumers

California Attorney General Kamala Harris is enlisting new enforcers in her efforts to get companies to comply with the state’s privacy policy requirements: members of the public. On October 14, Harris released an online...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

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

U.S. Department of Education Issues Guidance on Student Medical Records

On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical...more

Surgeon General Notifies Employees of Breach

According to the Surgeon General of the United States, the personal information of current, former and retired employees of the United States Public Health Service Commissioned Corps and their dependents has been compromised....more

California Updates Data Breach Notification Statute for 2017

California, which has historically been one of the states at the vanguard of data breach notification issues, has made an update to its statute that takes effect on January 1, 2017. The update will require companies to notify...more

Update on Data Breach and Data Privacy Class Actions Post-Spokeo

In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136 S. Ct. 1540...more

Central Ohio Urology Group Notifies 300,000 Patients of Breach

Approximately 300,000 patients of Central Ohio Urology Group have been notified that their protected health information has been stolen and posted online. Although the actual date of the hacking has not been released,...more

FCC Sets Out Revised Privacy Rules For Broadband Providers

On Thursday October 7, 2016, the Chairman of the Federal Communications Commission (“FCC”), Tom Wheeler, announced a proposal for new privacy rules for broadband providers in a post on the FCC’s website. Chairman Wheeler...more

Barnes & Noble Data Breach Class Action Dismissed

On Monday, October 3, 2016, the U.S. District Court for the Northern District of Illinois dismissed a putative class action lawsuit concerning a 2012 data breach at Barnes & Noble, Inc. (“B&N”) during which hackers obtained...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

16 data breach class action lawsuits filed again 21st Century Oncology consolidated

We previously reported that 21st Century Oncology suffered a data breach in October 2015 involving an intrusion into its systems which compromised around 2 million patients’ records, including their names, Social Security...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

Enforceable Promises

The very first item on our list of rules for employers is this: don’t make promises to your employees that you can’t or won’t keep. Employers’ promises include those set out in employment contracts, of course, but there are...more

Avoiding Close Calls: Sixth Circuit’s Galaria v. Nationwide Decision Offers Valuable Pleading Tips

The Sixth Circuit’s split decision last month finding Article 3 standing in a data breach case is the first of its kind post-Spokeo. See Galaria v. Nationwide Nos. 15-3386/3387 (6th Cir. Sept. 12, 2016) (unpublished). It is...more

Reducing Cyber Vulnerability and Keeping Online Voter Registration Data Safe

The recent bi-partisan approach taken by hackers in attacking both the Democratic National Committee and high ranking members of the Republican party has brought the issue of cybersecurity and the safety of online voter...more

App Maker Settles COPPA Matter with Texas AG

On Monday, the Texas State Attorney General announced that it reached a settlement with app maker Juxta Labs, Inc. (“JLI”) regarding its information collection practices. The Attorney General had been investigating JLI for...more

PTAC Releases Guidance Video Concerning Use of Email and Student Privacy

The Privacy Technical Assistance Center (“PTAC”), a resource established by the U.S. Department of Education, recently released a guidance video concerning the use of email in schools and student data privacy. In this short...more

Data Breach Standing Goes Nationwide; Sixth Circuit Says Plaintiffs Have Standing to Sue

The Sixth Circuit joined the growing trend of appellate courts holding that plaintiffs had demonstrated standing for data breach class actions in Galaria et al. v. Nationwide Mutual Insurance Company. In a recent order, the...more

Guidelines for Written Information Security Policies

Although federal law only requires that financial institutions and health care providers maintain a written information security policy or “WISP,” approximately thirty four states have enacted legislation that requires...more

California Expands Data Breach Notification Law

California’s data breach notification law is already considered the most stringent in the United States. Based on a new amendment recently signed into law, the law will soon get even tougher....more

Hundreds to Thousands of Fort Carson Military Personnel Records Discovered on Dirt Road

At least hundreds, potentially thousands of files containing personal information were discovered by News 5 in Fountain Colorado along a dirt road, originating from Fort Carson. The files contained names, Social Security...more

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