News & Analysis as of

Personally Identifiable Information Data Breach

State of the Cyber Nation: UK Government Report on Cybersecurity Breaches

by Hogan Lovells on

On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cybersecurity breaches and how they affected UK companies in the last year. Headline statistics from the report...more

Tennessee Adds Technical Requirements To Its Data Breach Notification Laws

by Dickinson Wright on

Are you doing business in Tennessee? Do you have computerized personal information about anyone in Tennessee (including employees, clients, or customers)? Are you encrypting that data in accordance with the current version of...more

Data Breach Notification Laws: A How-To Guide

by Bryan Cave on

Although Congress has attempted to agree on federal data breach notification legislation, there is no national data breach notification law that applies to most companies. Instead, 47 states, plus the District of Columbia,...more

Security Breach Notification Becomes More Complex For Employers

by Littler on

With new and sophisticated schemes perpetrated by hackers and scammers, and sensitive personal information becoming increasingly accessible to numerous insiders, it is only a matter of time before most employers will be...more

New Mexico Becomes 48th State to Enact Data Breach Statute

by Moore & Van Allen PLLC on

Recently the state of New Mexico enacted the Data Breach Notification Act, making it the 48th state in the United States to enact a statute requiring notice to individuals impacted by a data breach. In doing so, New Mexico...more

The Center for Children’s Digestive Health Settles with OCR for $31,000

The Office for Civil Rights (OCR) has announced that it entered into a settlement with The Center for Children’s Digestive Health (CCDH) for $31,000.  CCDH is a small for-profit health care provider with seven locations in...more

Kimpton Data Breach Decision Highlights Lingering Confusion on Standing Issues

When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers,...more

New Mexico becomes 48th state to enact data breach notification law

by Ballard Spahr LLP on

New Mexico recently became the 48th state to enact a data breach notification law. This continues the accelerated pace of state data breach legislative activity in the last two years. Since 2015, at least 41 states have...more

Breach Notification Update: New Mexico becomes the 48th State Requiring Breach Notification and Tennessee Adds a Safe Harbor for...

by Sedgwick LLP on

As the frequency of data breaches continues, so do legislative developments on notification requirements that must be met in the event of a breach of Personally Identifiable Information (PII). Even as of now, not every state...more

New Mexico Becomes 48th State to Enact Data Breach Notification Law

by Ballard Spahr LLP on

New Mexico recently became the 48th state to enact a data breach notification law. This continues the accelerated pace of state data breach legislative activity in the last two years. Since 2015, at least 41 states have...more

New Mexico Enacts Data Breach Notification Act (Updated)

by Jackson Lewis P.C. on

New Mexico has become the 48th state to enact a data breach notification law requiring that individuals be notified of security breaches of information involving personal identifying information. Governor Susana Martinez...more

Cybersecurity Bill Aims to Patch Holes in Main Street

by Morgan Lewis on

The US Senate Commerce Committee recently advanced a bill, titled the MAIN STREET Cybersecurity Act of 2017 (the Bill), under which the National Institute of Standards and Technology (NIST) would disseminate “clear and...more

March Sees an Uptick in Health Data Breaches

The monthly breach report issued by Protenus last week outlining data breaches that occurred in the month of March concludes that there was an “uptick in the number of health data breach incidents.”...more

New Mexico Enacts Data Breach Notification Act

by Jackson Lewis P.C. on

On April 6, 2017, New Mexico Governor Susana Martinez signed HB 15, making New Mexico the 48th state to enact a data breach notification law. The law has an effective date of June 16, 2017 and follows the same general...more

States Take Action! New Mexico, Tennessee and Virginia Pass New Data Breach Legislation

After a quiet winter there has been significant activity in state legislatures to enact, strengthen or clarify their data breach notification statutes. The latest happenings are summarized below and we have updated our “Mintz...more

$400,000 Settlement Highlights Need for Pre- and Post-Breach Safeguards

by Dickinson Wright on

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), has announced another Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement. This one is with Metro Community Provider...more

ABCD Pediatrics Victim of Ransomware

ABCD Pediatrics, located in San Antonio, Texas has notified the Office for Civil Rights that a ransomware cyber intrusion has resulted in access to its servers, including the protected health information (PHI) of its...more

GameStop Investigating Data Breach of Credit Card Information

Brian Krebs broke the story that GameStop was investigating a possible data breach affecting customers’ credit card information. This week, GameStop confirmed that it is investigating the possible compromise of credit card...more

Washington University School of Medicine Victim of Phishing Attack

Another employee falls for a phishing attack. This time, it was an employee of the Washington University School of Medicine The employee received a phishing email on December 2, 2016, and feel for what looked like a real...more

Coca-Cola Dodges Privacy Class Action

by Cozen O'Connor on

Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of...more

Telecommuting Healthcare Employees Get Employers in HIPAA Compliance Hot Water

by Dickinson Wright on

As the healthcare industry has expanded to providing home healthcare services, more service providers are allowing their employees to work remotely, i.e., telecommuting. The flexibility for healthcare workers to work from...more

IRS to Notify 100,000 Taxpayers That Their Information May Have Been Obtained Through Misuse of FAFSA Retrieval Tool

On Thursday, Internal Revenue Service (“IRS”) Commissioner John Koskinen testified that the personal data of up to a 100,000 taxpayers could have been compromised as a result of criminal use of the Free Application for...more

How Policies Can Defeat a Breach of Contract Claim

Here is an interesting scenario for employers to consider. A company discovers that an employee working in information technology has taken de-commissioned company computers for himself and even given some away. After...more

Virginia, Tennessee and New Mexico Are the Latest States to Amend Breach Notification Laws

by BakerHostetler on

Breach notification statutes remain one of the most active areas of the law. Seldom does a month go by without a new bill or amendment addressing privacy or data security, and this month is no exception. The state of...more

Job Seekers Beware! Up to 1.4 Million Illinois Residents Receiving Unemployment Benefits Data Hacked

The Illinois Department of Employment Security has revealed that somewhere between 1.2 million and 1.4 million Illinois residents who have received unemployment benefits from the State of Illinois have had their names, dates...more

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Cybersecurity

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