Personally Identifiable Information Data Security

News & Analysis as of

The CFPB Takes First Enforcement Action Related to Data Security Practices

The Consumer Financial Protection Bureau (CFPB ) has taken its first UDAAP action against a consumer financial service provider related to data security practices. Since its launch in December 2009, Dwolla, Inc. ("Dwolla"),...more

The FCC’s Privacy NPRM: A Closer Look at the Commission’s Legal Authority and Some of Its Proposals

As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways that Internet Service...more

Analysis of the FCC’s Proposed Broadband Privacy Regulations

As we highlighted in a post last month, the FCC has proposed sweeping new privacy rules on broadband providers. Since our last post, the FCC has released its proposal in the form of a Notice of Proposed Rulemaking. ...more

Tennessee Amends Its Data Breach Notification Laws

Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” - Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more

Data Security: You Must Know Where the Data Is Located Before You Can Secure It

It is commonplace to turn on the television news and hear of a new data breach from a large retailer or someone else. No one wants the legal problems (not to mention the embarrassment and the hit to reputation) from having...more

You’ve Been Notified: Alabama May Join Other States in Enacting Data Breach Notice Law

Forty-seven states and the District of Columbia have laws requiring notice of a data breach to potentially affected individuals. Alabama may soon join the crowd. Bills creating the Alabama Information Protection Act of...more

44,000 FDIC customers’ data “inadvertently” taken by former employee

In a memo outlining a security incident as required by the Federal Information Security Modernization Act of 2014, the FDIC has admitted that the data of 44,000 FDIC customers was “inadvertently” taken by an employee as the...more

FCC Proposes Sweeping Broadband Privacy Rules

Broadband Internet access service providers would face a new, top-to-bottom consumer privacy regime. Twelve months after the US Federal Communications Commission (FCC) imposed common-carrier telecommunications rules on...more

FTC Releases 2015 Annual Highlights

On April 6, the FTC released its 2015 Annual Highlights report, which is comprised of four key sections: (i) enforcement; (ii) policy; (iii) education; and (iv) stats and data. Regarding enforcement highlights in 2015, the...more

FCC Proposes Sweeping Privacy and Data Security Rules with Significant Potential Impact on the Broadband Ecosystem

On March 31, 2016, the Federal Communications Commission (FCC or Commission) voted along party lines (3-2) to launch a notice of proposed rulemaking (Notice or NPRM) to establish privacy rules for Broadband Internet Access...more

They Can Be Heroes: The FCC Proposes Expansive and Detailed Privacy & Cybersecurity Regulations for Broadband ISP

On April 1, 2016, the FCC released a Notice of Proposed Rulemaking (“NPRM”) that would impose new regulatory burdens on broadband Internet service providers’ use of customer data. The wide-ranging NPRM also proposes rules...more

State AGs Upping the Ante on Health (and Other) Information Data Incidents – Expect Increased Enforcement Actions

State attorneys general (AGs) continue to emerge as major regulators of privacy, and increasingly, with respect to compromises of health-related data. Businesses concerned with U.S. customer or employee data have long...more

Fiduciary Issues and Data Privacy Is Your Plan Data Really Safe?

Despite the fact that Personally Identifiable Information (PII) definitions are continuously broadening with the addition of new data elements, and proposed federal legislation aims to reconcile state laws, security breach...more

What Net Neutrality Wrought: The FCC’s Proposed Broadband Privacy Rules

As previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for...more

State Data Security Breach Notification Laws - April 2016

The general definition of “personal information” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of the following data elements: (i) Social Security number, (ii)...more

Information Security and Privacy Group News: Cities and Towns Being Targeted by Hackers: Connecticut Municipalities Must Follow...

In the world of data breaches, John Chambers, CEO at Cisco, explained it best: "There are only two kinds of companies. Those that were hacked and those that don’t yet know they were hacked." With the ever increasing rate of...more

Privacy Tip #27 – Complying with the new Rhode Island data security law

As we mentioned before, Rhode Island amended its Identity Theft Protection Act on June 30, 2015, which will become effective on June 26, 2016. Now is the time to think about and put processes in place for compliance with the...more

NY DFS Brings First Data Security Action

The New York State Department of Financial Services (DFS) has announced that it has entered into a consent order with an online payday loan lead generator and its chief executive officer (CEO) (collectively, respondents) to...more

Utah’s Personal Information Protection and Data Breach Laws

Utah, like most U.S. states, has enacted laws concerning data security and steps to take when a data breach occurs. Here is what Utah law provides as codified in Utah Code Ann §§ 13–44–101 et seq. The law has been in effect...more

Cyber Crime in Higher Education

With each passing year, higher education becomes a more vulnerable target of cybercrime. Symantec’s 2015 Internet Security Threat Report indicates that education is the third most frequently breached of the public or private...more

Identity Theft Protection Services – Federal Income Tax Treatment

I. Executive Summary - The Treasury Department and the IRS are sensitive to the data security problems facing organizations, their employees and their customers and, as a result, have provided some welcomed...more

Proactive Protection of Consumers or Premature Penalty? Consumer Financial Protection Bureau Bucks the Trend in Data Security...

Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as...more

Recent CFPB Enforcement Actions Focus on Data Security and Discriminatory Lending

In the past two months, consent orders were reached in two high profile enforcement actions. In February 2016, a consent order came out between the Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ) and...more

Consumer Financial Protection Bureau Brings Its First Data Security Enforcement Action

On March 2, the Consumer Financial Protection Bureau (“CFPB”) issued its first ever consent order in a data security matter. According to the order, Dwolla, Inc. settled allegations that it misrepresented that the company had...more

A New Cyber Regulator on the Beat: The CFPB Issues its First Cybersecurity Order and Fine

On March 2, 2016, the Consumer Financial Protection Bureau (“CFPB”) instituted its first data security enforcement action, in the form of a consent order against online payment platform Dwolla, Inc....more

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