Personally Identifiable Information

News & Analysis as of

A Failed Strategy: Another Derivative Action In A Data Breach Case Goes Down To Defeat

Dismissal Of Home Depot Derivative Action Extends Shareholder Losing Streak An attempt to impose liability on corporate officers and directors for data breach-related losses has once again failed. On November 30,...more

Privacy Tip #63 – NYC Concertgoers—You May Need to Check Your Bank Records

Madison Square Garden has announced that it has suffered a year-long data breach of debit and credit cards used at concession stands at Madison Square Garden, the Theater at Madison Square Garden, Radio City Music Hall, ...more

Data Security for Employers: An Update

Employers store, manage, and share sensitive data about employees. The Navigator and other commentators have written a lot about issues related to personally identifiable information, health-related data, and employee...more

New FTC Data Breach Response Guidelines

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

FTC Publishes Data Breach Response Guidelines

Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the...more

Business Litigation Report - November 2016

Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law - On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its...more

Privacy Perils: Choose Your "Friends" Wisely - Thought Leadership - Bass Berry

By press release on Monday, November 14, 2016, adult website operator Friend Finder Network, Inc. (FFN) confirmed it was addressing "a security incident involving certain customer usernames, passwords and email addresses."...more

FINRA Fines Lincoln Financial Group $650,000

A Lincoln Financial Group subsidiary has agreed to accept a $650,000 fine levied against it by the Financial Industry Regulatory Authority (FINRA) and to implement more robust security controls for a 2012 hacking that...more

Data Breach Decision Points: Part 8

The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing...more

November 2016: Asia-Pacific Update

Privacy and Government-Issued Identification in Japan. In this age of proliferate information and increased cyber crime, securing personal information is critical. Even the disclosure of no more than an individual’s social...more

FINRA forces firms into the weeds on security policies

The Securities and Exchange Commission continues to be active in the area of cybersecurity. A recent Letter of Consent issued by the agency’s Financial Industry Regulatory Authority (FINRA) contained some startling new...more

Cybersecurity 2017 – The Year In Preview: The Changing Face of State Law and Enforcement

Editor’s Note: This is the second in a continuing end-of-year series. Stay tuned for our next installment, discussing HIPAA compliance. In the patchwork of state and federal law regulating the use and maintenance of...more

China Issues Its First Network Security Law

The law will have far-reaching implications for parties that utilize the Internet and handle network data and personal information in the PRC. On November 7, 2016, the Standing Committee of the National People’s Congress...more

Consumer Data Privacy in Bankruptcy

Bankruptcy law and privacy law may appear to be wholly separate areas of the law, but they overlap more than one might anticipate. Balancing individual rights and interests to achieve a social good is at the heart of both...more

The FTC’s New Data Breach Response Guide (and a Reminder)

The two-pronged mission of the Federal Trade Commission is to protect consumers and promote competition. According to the FTC’s website, protecting consumers includes “stopping unfair, deceptive or fraudulent practices in the...more

Cybersecurity 2017 – The Year In Preview: Trade Secret Theft Takes Center Stage

Editor’s Note: This is the first of an end-of-year series of posts examining coming trends in cybersecurity. Posts will examine trends in state regulations, federal regulatory authority, the changing nature of the threat...more

Adobe Reaches $1M Settlement with 15 States Related to 2013 Data Breach of Customer Data

Last week, attorneys general in 15 states announced a $1 million settlement with Adobe Systems Inc. (“Adobe”), concluding a multistate investigation related to a 2013 breach of Adobe customer data. The breach, which was...more

FTC Publishes Data Breach Response Guidelines

On October 25, 2016, the Federal Trade Commission (“FTC”) published a guide titled “Data Breach Response: A Guide for Business” outlining a high-level set of steps that businesses should take in order to prepare for and...more

Critical Cyber-Attack on Hospitals Now A Reality- A View From ‘Across the Pond’

Serious trouble for all health and care providers looms large. High risk women in labour and major trauma cases are being diverted to other hospitals after a cyber-attack recently shut down services at a hospital in the...more

Advertising Law - November 2016 #3

Will Green Guides Address Organic? FTC/USDA Roundtable Report - On October 20, 2016, the Federal Trade Commission and the U.S. Department of Agriculture co-hosted a roundtable discussion in Washington, D.C., entitled...more

Adobe Settles With 15 States For 2013 Data Breach

Adobe Systems, Inc. (“Adobe”) agreed to settle an investigation by 15 states related to an incident in 2013 in which Adobe was the victim of a data security breach that exposed the user name, account information, and credit...more

BIAS Rules: New FCC Regulations on Broadband Customer Privacy

On October 27, 2016, the Federal Communications Commission (“FCC” or “Commission”) adopted sweeping new privacy rules applicable to all telecommunications providers including broadband internet access service (“BIAS”) and...more

D.C. District Court Dismisses Cybersecurity Suit Against The IRS

On November 2, 2016, Judge Rosemary Collyer of the U.S. District Court for the District of Columbia dismissed a class action cybersecurity lawsuit against the Internal Revenue Service (“IRS”) for lack of standing and failure...more

Trump Administration Likely to Support EU-U.S. Data Transfer Pact, Attorneys Say

Timothy Toohey was quoted November 10, 2016 by Bloomberg BNA Privacy Law Watch discussing the implications of a Trump presidency on the EU-U.S. Data Transfer Pact or “Privacy Shield”. Passed in July 2016, the Privacy Shield...more

IRS Data Breach Class Action Dismissed

Last week, the Internal Revenue Service successfully defeated a putative class action related to a data breach it suffered in 2015. The D.C. District Court’s decision dismissing the suit demonstrates the high bar required to...more

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