Data Breach

News & Analysis as of

OPM and Where The Lines Are

The recent hacking of the sensitive personal information of millions of American public servants at the Office of Personnel Management (OPM) points out a noteworthy distinction in how the U.S. government views some types of...more

Federal Employees’ Personal Information Compromised by Data Breach

In recent headlines, the Office of Personnel Management (“OPM”) has begun notifying millions of federal employees that it may have lost their personal information earlier this month in a data breach. The data breach...more

Privacy & Cybersecurity Update - June 2015

In This Issue: - USA Freedom Act Brings Changes to Surveillance Program - Connecticut Enacts Bill Imposing Tighter Data Security Obligations - Pennsylvania Court Dismisses Data Breach Negligence...more

Password Management Company LastPass Discloses Security Breach

We know it’s hard to keep track of passwords. A good security practice is to use different and complex passwords across different platforms, but it is so hard to keep track of all of them. That’s why password management...more

U.S. Office Of Personnel Management Confirms Cyber Theft From Its Systems Is Much Broader Than Initially Reported

During a June 23, 2015 Congressional hearing, officials from the U.S. Office of Personnel Management (the “OPM”) testified that a recent breach of its data systems may have affected personal information (including social...more

Cybersecurity Standards Apply to Thee, Not Me

“If there is anyone to blame, it is the perpetrators,” said Katherine Archuleta, Director of the federal Office of Personnel Management (“OPM”), to a Senate panel investigating the causes of the recent OPM cyberattack. ...more

How to Protect Your Company’s Bottom Line Against Data Breach Losses Through Insurance

In the wake of what seems to be daily announcements of new data security breaches and increased regulatory oversight over company information security and privacy practices, companies are looking for ways to minimize risks...more

State Breach Notification Laws Continue To Change

State breach notification laws continue to be amended to (1) provide for notification of a state attorney general or regulator about a breach in addition to affected individuals, (2) cover breaches involving personal...more

Considerations in Drafting Limitations of Liability for Data Breaches

Until very recently, it was considered matter of course in a services agreement for any data disclosure or loss, regardless of cause, to be excluded from any and all limitations of the vendor’s liability. However, as data...more

IRS Data Breach Highlights the Growing Threat of Cybercrime

On May 26, 2015, the IRS announced that hackers had gained access to over 100,000 tax accounts. The data breach involved the “Get Transcript” application, which allows individuals to request transcripts of their past tax...more

Digital Disruption When You Least Expect (Or Want) It

In this Presentation: - Introduction - Chocolate, Cookies, Coffee and Biscuits - Privacy, Legislation, Underworld behaviour - Even manufacturers have secrets to protect! - Invention, 1%’ers and...more

Visa And MasterCard: Card Issuers May Disclose Breached Merchant Names

Credit union and other card issuers got clarification from Visa and MasterCard this month on when they are contractually permitted to disclose the identities of merchants involved in data breaches. In substantially similar...more

Data breach: how information governance reduces risk

With all the data breach activity over the past several years, any organization or individual that hasn’t been affected in some way almost feels left out. According to the Department of Health and Human Services, 120 million...more

Strategies For Businesses Protecting Electronic Data Within California: Part Three

In Parts One and Two of this e-alert series, we discussed the federal Computer Fraud And Abuse Act ("CFAA") and its California corollary the California Computer Data Access And Fraud Act (CDAFA). In Part Three, we provide a...more

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance

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

Internet Of Things, News Websites Fare Poorly In Security And Privacy Review

On June 16, the Online Trust Alliance, an industry group focused on developing and encouraging best practices in online security and privacy, announced that a recent audit of approximately 1,000 websites showed that 46%...more

Focus on China Compliance - June 2015

In This Issue: - Increased Scrutiny by Chinese Securities Regulators Will Have Global Implications - Effective Employee Suspension Agreements to Facilitate Compliance Investigations - Protecting Against...more

Canada’s New Privacy Laws Will Require Breach Notice and Affect Private Sector Operations in Canada

It has been a long time coming, but this week the Personal Information Protection and Electronic Documents Act (“PIPEDA”) received a make-over, including new data breach notification provisions, with the enactment of the...more

Even Small Businesses Need To Pay Attention To Data Security

When people think about data breaches, corporate giants like Target, Home Depot and Michael’s spring to mind. But even small businesses holding personal information can face costly consequences if a breach occurs. In the...more

Ransoming Sensitive Personal Information: Will OPM’s Data Breach Trigger Your Insider Threats?

Perhaps it’s the books I’ve been reading or the television shows I’ve been watching, but my mind can’t seem to stop linking the recent barrage of cybersecurity attacks with those ne’er-do-wells that plagued the Caribbean from...more

How Businesses Can Reduce Cyber Risk: Pre and Post Incident: Businesses Need to Take a More Proactive Approach to Reducing What Is...

As the volume of sensitive data that businesses store ever increases, the use of mobile devices continues to grow and cyber villains become ever more sophisticated, it is perhaps of no surprise that we hear about new...more

Canada Moves Forward with Mandatory Federal Security Breach Notification Law

On June 18, 2015, the Canadian Minister of Industry announced that the Digital Privacy Act, which amends Canada’s foundational Personal Information Protection and Electronic Documents Act (PIPEDA), has received royal assent...more

Cyber-Attacks: Threats, Regulatory Reaction and Practical Proactive Measures to Help Avoid Risks

I. Cybersecurity; Its Importance and Relevance – How We Got to Where We Are Today - In the past few months, the White House, Home Depot, JP Morgan, Hard Rock Hotels, Tesla, the St. Louis Federal Reserve, the Internal...more

Oregon Expands Data Breach Law

The modified law will expand the definition of personal information to include medical information and physical characteristics, and require notification to the state Attorney General. Businesses with customers in Oregon...more

Is Your Financial Institution the Next Target of a Cyber-Attack?

In This Presentation: - Regulatory expectations for financial institutions - Risks for financial institutions - Planning to reduce risks - The Breach - Duties and responsibilities -...more

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