Personally Identifiable Information

News & Analysis as of

New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

The amount of data collected worldwide is rapidly proliferating, and one international organization wants to make sure it’s clear how to protect what is arguably the most sensitive category of that data: biometrics....more

The Seventh Circuit Revisits Standing for Data Breach Class Actions

One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate...more

FTC’s Proposed Settlement with Dental Practice Software Provider Marks Latest Data Security Action Against a Product Supplier

On January 5, the Federal Trade Commission (“FTC”) reached an agreement with Henry Schein Practice Solutions, Inc. (“HSPS”) to settle allegations that HSPS misrepresented that its dental practice software provided...more

Class action suit dismissed against Georgia Secretary of State for data breach

We previously reported that the Georgia Secretary of State’s office experienced a massive data breach in October, and didn’t find out about it until November. The breach affected approximately 6 million Georgian voters, and...more

UVA notifies employees of illegal access to human resources information through phishing scheme

The University of Virginia (UVA) has notified approximately 1,400 of its employees that unauthorized individuals were able to access its HR system and the personal information of 1,400 employees of the Academic Division. The...more

Eight District Attorneys in Oklahoma sued for wrongfully disclosing personal information in court filings

Generally, court filings are public records unless sealed from public access by a judge. Vast amounts of personal information contained in public records can be, and are, accessed by criminals in order to obtain personal...more

Privacy & Cybersecurity Update - January 2016

In this edition of our Privacy & Cybersecurity Update, we discuss, among other matters, the status of the EU/U.S. Safe Harbor negotiations, as well as changes to privacy laws in Delaware and California that regulate online...more

Centene announces search for missing hard drives containing PHI of 950,000 individuals

Centene Corporation, a health insurer headquartered in St. Louis, announced on January 25, in a press release that it is undertaking an, “ongoing comprehensive internal search for six hard drives that are unaccounted for in...more

Pennsylvania: Public policy prevents punitive damages from being recoverable as compensable damages in bad faith or breach of...

In an issue of first impression, the Third Circuit Court of Appeals held that punitive damages awarded against an insured in a prior personal injury suit are not recoverable as compensable damages in a later breach of...more

Close Encounters of the eDiscovery Kind

Last week, two astronomers at CalTech predicted that a new planet is lurking at the edges of the solar system. They discovered the planet using computer simulations and mathematical calculations based on the planet’s...more

Transferring personal information across borders

At the end of last year, the Court of Justice of the European Union ruled that the EU Safe Harbour Decision (permitting the transfer of personal data to the US) was invalid as the US did not provide an adequate level of...more

Privacy vs. Data Security: Why Plaintiffs in Consumer Data Breach Cases Still Have a Long Way to Go

The year 2005 really marked the beginning of the “era of data breaches,” and with it, the “era of data breach lawsuits.” The ChoicePoint data breach in late 2004, which first became newsworthy in early 2005, was the catalyst....more

Tax season may bring more breaches; new victim, TaxAct

This tax season, the Internal Revenue Service (IRS) has been working closely with big tax preparation vendors and chains to improve the security this year and safeguard against widespread identity theft. The IRS is now...more

Cybersecurity and Data Privacy: Belated Holiday Gift - The IRS Doubles Down on Tax Free Identity Protection Services (1/16)

Following several high-profile breaches of business and government databases affecting the personal information of millions of Americans (including the IRS’s "Get Transcript" app) many businesses, governmental agencies and...more

Ontario Court Finds Cellphone Tower “Metadata” is Private

The Ontario Superior Court of Justice (Court) recently ruled in R. v. Rogers Communications that broad cellphone “tower dump” production orders are unconstitutional as unreasonable seizures under section 8 of the Charter of...more

Rise in Cyberattacks on Professional Services Firms

Wilson Elser’s Cyber Incident Response Team has seen an alarming uptick in cyber-criminal activity targeted at professional services firms, particularly accounting firms. As described in more detail below, the criminal...more

Reading the Section 5(a) Tea Leaves: What the end of 2015 may suggest about the FTC priorities in 2016

The end of 2015 represented a mixed bag for the Federal Trade Commission on privacy enforcement. In November, the FTC’s Chief Administrative Law Judge dismissed the FTC’s complaint against LabMD for a possible data breach of...more

SEC’s 2016 Examination Priorities Include Continuing Focus on Cybersecurity Controls

The Securities and Exchange Commission last week issued a press release outlining the agency’s 2016 Examination Priorities that included cybersecurity. The release states: "To help fulfill the SEC’s mission of...more

Update on Hyatt data breach: Over 250 locations compromised

In December, Hyatt Corporation announced that it had identified malware on computers that operate its payment processing systems. Late last week, Hyatt disclosed that upon investigating the malware it discovered “signs of...more

Perspective: What Will Be the Defining Cybersecurity Issues In 2016?

As data breaches and their related obligations and liability risks continue to pile up with every passing year, we asked attorneys writing on JD Supra to answer the question: What will be among the defining issues for...more

Henry Schein Settles FTC Charges of Deceptive Advertising of Dentrix G5

Data encrypted in accordance with the Advanced Encryption Standard (“AES”) gives dentists a “safe harbor” in the event of certain breaches of patient information. However, those relying on Henry Schein’s Dentrix G5 software...more

The Perils of BYOD Policies

Over the holidays, many employees are out of the office on family vacations or otherwise using their time off. Many employers rely on employees' use of their own personal electronic devices to keep up with what is going on in...more

Independent audit recommends updates to CFPB privacy policies

The CFPB has released a report for FY 2015 prepared by KPMG LLP of its independent audit of selected CFPB operations and budget. An annual independent audit is required by the Dodd-Frank Act. The report dated December 18,...more

Wisconsin Supreme Court Kicks Open Records Case to the Curb

When Rebecca Bradley was appointed to the Wisconsin Supreme Court in October, the question arose what role she would play in cases argued this term before her appointment. Specifically, if the Court were otherwise split 3-3...more

Regional Income Tax Authority in Ohio loses info on 50,000 people

The Regional Income Tax Agency of Ohio (RITA) announced on December 31, 2015, that it lost the personal data of approximately 50,000 individuals who filed tax forms with the agency in November. RITA provides tax collection...more

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