Personally Identifiable Information

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Blog: New Mexico Poised to Add the ‘Data Breach Notification Act’ to the Patchwork of State-Level Data Privacy Laws

The New Mexico Legislature passed the ‘Data Breach Notification Act’ (the Act) on March 15. The Act is now with Governor Susana Martinez who has 20 days from the date the Act was passed to sign it into law. If enacted, the...more

New Mexico comes late to data breach party, requires promptness

Thirteen years after the first state data breach notification law was enacted, New Mexico has finally decided to join the other 47 states with such laws, sending HB15 in mid-March to Gov. Susana Martinez for signature...more

New Mexico and its New Data Breach Notification Law

We are almost to a point where all 50 states and the District of Columbia will have some form of data breach notification law on their books to protect residents’ personally identifying information (PII) in the event of a...more

Key priorities of the Privacy Commissioner of Canada in 2017

The privacy law regime in Canada affects any organization whose business involves dealing with the personal information of Canadians. Canada’s main private sector privacy legislation is the federal Personal Information...more

New Mexico On the Brink of Passing Data Breach Law

On March 15, 2017, New Mexico's Senate passed H.B. 15, which would create the state's first data breach notification law. New Mexico is currently one of only three states (including Alabama and South Dakota) without a data...more

Recent Circuit Court Opinions Offer Guidance on Challenging the Standing Requirement for Plaintiffs in Data Breach Cases

By following trends and monitoring successful defenses in data breach litigation, companies can often avoid the reputational harm caused by making headlines. For most companies,it is not a question of whether they have been...more

Veteran Class-Action Suits Following Data Breaches Dismissed for Lack of Standing

In a decision consolidating two cases involving two veterans and two separate incidences of data breaches at the Veterans Affairs Medical Center (VAMC) in South Carolina, the US Court of Appeals for the Fourth Circuit...more

New Mexico Set to Become 48th State To Enact Data Breach and Safeguards Law

Last week, the New Mexico Legislature passed The Data Breach Notification Act (“Act”). Once the Act is signed by Governor Susana Martinez, New Mexico will join 47 other U.S. states (along with D.C., Guam, Puerto Rico, and the...more

Marijuana and Privacy: A Primer

Legal marijuana is America’s fastest-growing industry. According to ArcView Market Research, cannabis revenue is expected to exceed $22 billion by 2020—nearly double that of the NFL. This past year, Colorado saw its sales...more

Subject Access Requests: "not an obligation to leave no stone unturned"

The English Court of Appeal has ruled in two recent cases that subject access requests are generally valid, and businesses must comply with such requests, even if they are made for collateral purposes, such as collecting...more

Video Viewing Information: A How-To Guide

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

Know the Risks of a Cyberattack on Your Third-Party Service Providers

Names, emails, credit card numbers, and home addresses: chances are good that your business collects client data with information that is valuable to hackers on the black market. A hacker will at some point try to access...more

New Mexico Passes Data Breach Notification and Protection Bill

Then there were two. On March 16, 2017, the New Mexico state legislature passed a bill requiring that New Mexico residents be notified if their “personal identifying information” was affected by a breach of electronic...more

Privacy Tip #78 – Cybersecurity Aids for Small Businesses

I frequently get complaints from small businesses that they don’t have the resources or resilience to properly address cybersecurity and that it is overwhelming to them. Well, it is. We frequently tell businesses that...more

New Mexico, One of the Last Holdouts, Sends Data Breach Notification Law to Governor

New Mexico is one of the few remaining states to not have a law requiring companies to notify consumers when their information is part of a data breach. This, however, might change very soon. Last Wednesday, the New Mexico...more

Post-Spokeo, Michigan’s VRPA Still a Thorn in the Side of Magazine Sellers

Last month, a federal district court held that alleged violators of Michigan’s Video Rental Privacy Act (the “VRPA”) cannot seek shelter under the United States Supreme Court’s Spokeo, Inc. v. Robins ruling. The Court also...more

Data Breach 101, Part I: Data Breach Notification Laws

In 2017, there are few words that make companies – and their counsel – shudder more than “data breach.” Recent high-profile breaches and the resulting litigation have shown that breaches can be embarrassing, harmful to a...more

Federal Agencies Hit with 30,899 Cyberincidents in 2016

The Office of Management and Budget (OMB) released a report this week indicating that federal agencies experience almost 31,000 cyberincidents in 2016. The Federal Deposit Insurance Corporation was responsible for 10 of 16...more

Cardiology Group Hard Drive Stolen

Denton Heart Group, located throughout Dallas, has notified 21,665 patients that their protected health information has been compromised as a result of the theft of a hard drive from a locked closet....more

Three Lessons All Companies Can Learn from the Data Breaches that Cost Yahoo $350 Million

Yahoo Inc. recently disclosed three massive data breaches, which compromised the personal information of 1.5 billion users and cost Yahoo $350 million in its acquisition by Verizon Communications Inc. Additionally, the...more

Air Force Security Clearance Files Compromised on Unsecured Backup Drive

Security researchers have discovered that an unsecured backup drive has compromised thousands of U.S. Air Force documents, including personnel files and sensitive forms filled out by senior and high-ranking officials. These...more

Are Your Federal Contractor Employees Required To Have Privacy Training?

The Federal Acquisition Regulations were recently updated to include a requirement that certain federal contractors provide privacy training to some of their employees. The training obligation does not apply to all employees...more

Global Privacy & Cybersecurity Update Vol. 13

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Defamation and data protection claims can be brought in parallel

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

China’s New Cyber Security Law Goes into Effect June 1, 2017

China’s new cyber security law (Law) could have far-reaching impacts for companies that do business there. The Law goes into effect on June 1, 2017. As is typical of legislation passed by the Standing Committee of the...more

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Cybersecurity

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