News & Analysis as of

Personally Identifiable Information Young Lawyers

Davis Wright Tremaine LLP

Practitioners’ Corner: What Is Personal Information? Or, Understanding Anonymization, De-Identification, and Aggregation

Practitioners' Corner is a monthly focus on topics of interest to in-house counsel in the implementation of their privacy programs. Pop quiz: Is an IP address personal information? Answer: It depends, of course!...more

Constangy, Brooks, Smith & Prophete, LLP

For Your Protection: ABA Says Lawyers Must Inform Clients Of Data Breaches

Sheesh. I would hope so. The American Bar Association issued a Formal Ethics Opinion this week saying that lawyers and law firms are required to notify their current clients of data breaches and cybersecurity attacks that...more

Shook, Hardy & Bacon L.L.P.

New Biometric Privacy Decision Creates More Risk for Companies Doing Business in Illinois

On Friday afternoon an Illinois intermediate appellate court decided that the bar for a plaintiff bringing a class action lawsuit under the Illinois Biometric Information Privacy Act (BIPA) is low, creating a conflict with...more

BakerHostetler

Interactive Map Offers Easy Access to Data Breach Laws by State

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An enhanced resource for analysis of data breach notification laws for all 50 states is now just a click away. BakerHostetler combined two of its state breach notification law resources (a summary of the laws and a guide to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine California's new sweeping privacy law, two U.S. agencies' report on "botnet" threats and the European Parliament's call to suspend the Privacy Shield....more

Snell & Wilmer

Snell & Wilmer Rolls Out Interactive Data Breach Map

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Snell & Wilmer’s Breach Response Team regularly guides clients through all phases of data breach and cyber incident response, including leading internal investigations related to data breaches and cyber incidents in...more

Holland & Knight LLP

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

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• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. • Notably, the opinion recites the...more

Neal, Gerber & Eisenberg LLP

GDPR May 25th Deadline Approaching – Businesses Globally Will Feel Impact

In less than four months, the General Data Protection Regulation (the "GDPR" or the "Regulation") will take effect in the European Union/European Economic Area, giving individuals in the EU/EEA greater control over their...more

Ballard Spahr LLP

Ponemon Institute Study on Costs of Data Breaches Highlights Improvement and New Risks for U.S. and Global Companies

Ballard Spahr LLP on

The average cost of a data breach, on both an aggregate and a per-record basis, has decreased slightly according to the Ponemon Institute's 2017 Cost of Data Breach Study: Global Overview. In addition to presenting recent...more

BakerHostetler

Deeper Dive: Clapper Divide Expands In Data Breach Cases

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As reported in our 2017 Data Security Incident Response Report, plaintiffs allege potential future harm as a basis for injury in 80 percent of data breach lawsuits. But are allegations of future harm sufficient to meet...more

Jones Day

China's New Cybersecurity Law and Draft Data Localization Measures Expected to Burden Multinational Companies

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China's new Cybersecurity Law ("new Law") is set to come into effect on June 1, 2017, and introduces sweeping provisions that may have a significant impact on companies doing business in and with China. To provide guidance on...more

Brownstein Hyatt Farber Schreck

Recent Circuit Court Opinions Offer Guidance on Challenging the Standing Requirement for Plaintiffs in Data Breach Cases

By following trends and monitoring successful defenses in data breach litigation, companies can often avoid the reputational harm caused by making headlines. For most companies,it is not a question of whether they have been...more

Fenwick & West LLP

Litigation Alert: The Fourth Circuit Limits Standing to Bring Data Breach Cases

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The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more

Carlton Fields

Avoiding Close Calls: Sixth Circuit’s Galaria v. Nationwide Decision Offers Valuable Pleading Tips

Carlton Fields on

The Sixth Circuit’s split decision last month finding Article 3 standing in a data breach case is the first of its kind post-Spokeo. See Galaria v. Nationwide Nos. 15-3386/3387 (6th Cir. Sept. 12, 2016) (unpublished). It is...more

Proskauer - New Media & Technology

No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers

Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more

Carlton Fields

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance (updated for 2016)

Carlton Fields on

The attached chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications....more

BCLP

Data Privacy Considerations for Starting or Evaluating a Bounty Program

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Data security officers typically look for security risks by monitoring reports from automated security systems, listening to employees’ reports of security issues, and/or auditing IT systems. There is a great deal of debate,...more

Mintz

State Data Security Breach Notification Laws - April 2016

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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

BakerHostetler

The Seventh Circuit Revisits Standing for Data Breach Class Actions

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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

Robinson+Cole Data Privacy + Security Insider

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

JD Supra Perspectives

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

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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

Proskauer - New Media & Technology

Video Privacy Protection Act Narrowed – App’s Transmission of Roku ID Not Disclosure of Personal Information

A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of “personally identifiable information” (PII) under the...more

FordHarrison

Data privacy in the Americas - At a glance

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As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

Mintz - Privacy & Cybersecurity Viewpoints

ECJ Advocate General’s Safe Harbor Opinion Points Towards Imminent End of Safe Harbor As We Know It

Does your company rely on Safe Harbor to transfer personal data from Europe to the US? If so, it’s time to think about alternatives to Safe Harbor – and fast....more

JD Supra Perspectives

The Employee’s Role in Cybersecurity: Know, Then Do

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While the familiar axiom of “train your employees” is still relevant - it is becoming insufficient; beyond simply knowing what to do, more and more employees must affirmatively act to pursue their company’s cybersecurity...more

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