Personally Identifiable Information

News & Analysis as of

Standing In Data Breach Class Actions: The Fourth Circuit Weighs In, Affirming Dismissal For Lack Of Subject Matter Jurisdiction

The U.S. Court of Appeals for the Fourth Circuit issued a unanimous opinion in Beck v. McDonaldon February 6, 2017, clarifying the standard for Article III standing and what constitutes sufficient injury-in-fact in putative...more

Litigation Alert: The Fourth Circuit Limits Standing to Bring Data Breach Cases

The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more

Sony Cyber-Attackers Lurking at Financial Supervisor “Watering Hole” Target Banks and Others

Cybersecurity specialists at BAE Systems and Symantec announced last week new evidence suggesting that the criminals behind the notorious 2014 attack on Sony Corp. are also responsible for recent cyber-attacks involving 104...more

Report Lists Health Care Data Breaches by State

A new report issued by Safetica USA has organized data breaches affecting over 500 individuals that were self-reported to the Office for Civil Rights (OCR) in 2016 into a list by state and records exposed....more

Eighth Circuit Undoes Target Data Breach Settlement Class

The $10 million settlement class in the Target data breach case was unraveled by the Eighth Circuit Court of Appeals in a recent decision that will force the district court to address the impact of the Supreme Court’s...more

Want to Know Why Memorial Healthcare Systems Is Paying HHS OCR $5.5 Million?

On February 16, 2017, HHS OCR announced that Memorial Healthcare Systems (MHS) had paid the U.S. Department of Health and Human Services (HHS) $5.5 million to settle potential violations of HIPAA’s Privacy and Security Rules...more

Six Key Changes to the Common Rule

On January 19, 2017, sixteen federal agencies, including the Departments of Health and Human Services and Labor, published the first revision to the federal regulations governing the protection of human subjects participating...more

Train Your Team: Protect Personally Identifiable Information From a Widespread Phishing Scam

Every January 31, employers scramble to meet the deadline for mailing W-2 forms to their employees. This year, a new iteration of an old W-2 phishing scam surfaced immediately thereafter....more

Your IT Technician Has Just Informed You That Your Business Has Suffered a Data Security Breach. Now What Should You Do?

Data breach incidents continue to make headlines. The Yahoo data security breach—affecting more than one billion accounts—announced late last year is a recent example. Data security breaches affect companies of all sizes, and...more

The Anthem Breach – A Retrospective (Part II)

We published Part I of our “Anthem Breach Retrospective” in January 2017. Coincidentally, at around the same time several plaintiffs in one of the earliest filed cases arising out of the Anthem data breach voluntarily asked...more

Notable New State Privacy and Data Security Laws – Part One

States aren’t static when it comes to data privacy and security laws. This is Part One of a two-part series about several new state privacy and data security laws that took effect within the last year. In this article,...more

Employment Law Navigator – Week in Review: February 2017 #2

Last week, in her first public comments since her appointment, new EEOC Chair Victoria Lipnic indicated that the agency will focus on age discrimination, equal pay, and job growth. Lipnic also indicated that the agency will...more

Dentons' pick of global regulatory trends to watch in 2017 - Privacy and data protection

Focus on the US - The new Federal Communications Commission (FCC) privacy rules for internet service providers (ISP) and telecommunications companies (telcos) will face an uphill battle - In a controversial ruling...more

Data Breach Notification Archive Made Publicly Available Online By Massachusetts Office Of Consumer Affairs

On January 3, 2017, the Massachusetts Office of Consumer Affairs and Business Regulation announced the online public availability of data breach notification records that it receives and maintains pursuant to the...more

5 FAQs on the New Federal Contractor Privacy Training Requirement

Federal government contractors must comply with new privacy training procedures as a result of a final rule issued by the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and...more

Tax Filing Fraud

Tax returns and W-2s are information rich documents that contain the name and Social Security Number of an employee, as well as information concerning their salary and address, and personal behavior and characteristics (e.g.,...more

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

ISO’s Privacy Standard for Cloud Service Providers

In July 2014, the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) issued a new security standard – ISO 27018 – which attempts to outline best practices for public...more

Prison sentence for avoiding English freezing and disclosure order

The English Court has made an order sentencing the director and shareholder of a company operating from China to 18 months' imprisonment for failing to comply with a disclosure order made ancillary to a Worldwide Freezing...more

Children’s Medical Center of Dallas Clobbered by OCR

In a rare move by the OCR, it assessed a $3.2 million fine against Children’s Medical Center of Dallas (Children’s) after it issued a Notice of Proposed Determination against Children’s and Children’s failed to request a...more

Employer (Still) Has No Duty to Protect Confidential Information

The University of Pittsburgh Medical Center continues to get support from the court system in a data breach suit that affected more than 60,000 former and current employees, as Barley Snyder attorneys continue to follow the...more

Employee Downloads Substance Use information Onto Flash Drive and Loses It

All of you reading this know I hate USB drives. I despise them. They are dead to me and you can’t talk me into allowing any company to use them unless they are controlled by IT and are encrypted at all times....more

WhatsApp security flaw, lawsuit in Germany

Tobias Boelter, a University of California Berkeley cryptography researcher claims that last year he found a security flaw in WhatsApp’s encrypted smart phone messaging application. The flaw, which relates to the unique...more

State Data Breach Notification Statutes: A Year in Review and Preparing for 2017

Following on the heels of an active 2015, where eight states enacted changes to their data breach notification laws, another five states amended their statutes in 2016, adding complexity to the current “patchwork” system of...more

Business Cybersecurity: Two Recent Court Decisions Highlight the Need to Take Preemptive Action Against Data Breaches

Nowadays, the prudent business owner should be cognizant of cybersecurity and the public relations and legal costs that can arise from a data breach. By holding personal information of customers, employees, or anyone else,...more

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