Personally Identifiable Information Data Security

News & Analysis as of

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

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 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

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

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

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

Hotly Anticipated Broadband Privacy Order Released by FCC

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more

Privacy and Security in the Voting Booth

Could the presidential election be hacked? With Election Day upon us, concerns about the security of the U.S. election system have reached a fever pitch. But how likely is it that a breach could affect the election?...more

California Amends Data Breach Notification Law to Require Notification of Breach of Encrypted Personal Information When Encryption...

On September 13, 2016, California Governor Jerry Brown signed into law AB 2828, an amendment to the law that requires businesses to disclose data breaches to California residents whose personal information has been...more

Alert: FCC Releases Sweeping Privacy Order

The Federal Communications Commission has released a 177-page order detailing new privacy and data security rules. It is important to note that these new rules not only apply to providers of broadband internet access service...more

Privacy Tip #58 – Distrust Social Media? Almost All Americans Do, But Still Use Them

A recent nationwide poll conducted by The Rad Campaign and Lincoln Park Strategies shows that although 96 percent of American social media users distrust the ability of social media platforms to protect their personal...more

October is National Cybersecurity Awareness Month!

This annual campaign is an effort by the U.S. Department of Homeland Security to raise awareness about data security threats. The Privacy & Data Security Group at McNees urges you on this occasion to consider whether...more

HHS Publishes New Guidance on HIPAA and Cloud Computing

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued a new guidance regarding HIPAA compliance and the use of cloud computing solutions. The guidance is intended to assist covered entities...more

California Attorney General 'Crowdsources' Reporting of Privacy Policy Violations

This initiative by the Attorney General is effective immediately and is just the latest example of California’s effort to increase enforcement of laws aimed at protecting the privacy and data security of individual consumers....more

Five Takeaways: Is Anything Private Anymore? Privacy Considerations for Social Media, Sweepstakes & More

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present to the American Conference Institute’s 5th Annual Summit on Digital Advertising...more

FCC Releases Proposal for New Privacy Rules Governing ISPs

In an October 6, 2016, blog post and accompanying fact sheet, FCC Chairman Tom Wheeler outlined his proposal for new privacy rules governing Internet Service Providers (ISPs) to be considered by the full Commission during its...more

How to Avoid Risk When Renting, Selling or Streaming Video Content

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

Breaches of Mobile-Banking Apps — What can you do?

American banks maintain many levels of protection against fraud. Institutions accurately and quickly can detect suspicious account activity, credit-card charges and funds transfers. But it seems the sophisticated software...more

Reducing Cyber Vulnerability and Keeping Online Voter Registration Data Safe

The recent bi-partisan approach taken by hackers in attacking both the Democratic National Committee and high ranking members of the Republican party has brought the issue of cybersecurity and the safety of online voter...more

Small-Breach Focus Shows Growing Scope Of HIPAA Probes

Flexing yet more enforcement muscle under the Health Insurance Portability and Accountability Act, on Aug. 18, 2016, the U.S. Department of Health and Human Services Office for Civil Rights announced that it will more widely...more

New York Attorney General Announces Settlement With Trump Hotel Over Two Data Security Incidents

On September 23, 2016, New York Attorney General Eric T. Schneiderman announced a settlement with Trump International Hotels Management LLC, d/b/a Trump Hotel Collection (“THC”), imposing $50,000 in penalties and ongoing...more

Privacy Tip #51 – Check Up on Your Tax Preparer’s Data Security Measures

We have written before about the ability of hackers to file false tax returns to get fraudulent refunds by using the IRS website, and how hundreds of thousands of Americans have become victims of tax fraud. The IRS...more

MedStar Health Cardiology Associates Employee Emails Patient Information to Personal Account and Gets Fired

MedStar Health Cardiology Associates, (“MedStar Cardiology”) affiliated with MedStar Health, which was recently in the news for a ransomware attack, discovered that an employee sent protected health information of 907...more

NAIC's New Cybersecurity Model Law Draft Is Still Flawed

Insurers are a prime target for hackers as a result of the vast stores of valuable data they maintain. Not all information is created equal, and it varies in value. Hacker services and software, illegal drugs, cyberweapons...more

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