Websites Personally Identifiable Information

News & Analysis as of

Cloudflare Software Bug Causes Data Leak

Cloudflare, Inc., a provider of performance and security solutions for websites, recently disclosed that a software bug caused it to leak customer data that was then cached by search engines. Uber, Fitbit, and OkCupid sites...more

Sony Cyber-Attackers Lurking at Financial Supervisor “Watering Hole” Target Banks and Others

Cybersecurity specialists at BAE Systems and Symantec announced last week new evidence suggesting that the criminals behind the notorious 2014 attack on Sony Corp. are also responsible for recent cyber-attacks involving 104...more

Your Company's Website Privacy Policy Probably Needs a Refresh (Before February 1, 2017)

As 2016 has come to a close, now is a good time to take stock of new disclosure obligations for website privacy policies introduced over the course of the year. It is likely that if your company’s privacy policy has not been...more

AshleyMadison.com Operators Settle With FTC And States For $1.66 Million

On December 14, 2016, the Federal Trade Commission (the “FTC”) announced that ruby Corp., ruby Life Inc., and ADL Media Inc. (the “Defendants”) agreed to a settlement with the FTC, 13 states, and the District of Columbia. ...more

Legal Considerations for Website Privacy Policies

We get questions from clients about whether they are required to include a privacy policy and, if so, what should it say. The answers may surprise you, but a privacy policy should definitely not be an afterthought for...more

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

Ashley Madison Settles with FTC and State AGs for $1.6 Million

We have previously reported on the Ashley Madison data breach and subsequent litigation. On December 14th, Ashley Madison announced that it has agreed to pay $1.6 million and implement additional security measures to settle...more

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

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

New Tool in Calif. AG’s Privacy Enforcement Efforts: Consumers

California Attorney General Kamala Harris is enlisting new enforcers in her efforts to get companies to comply with the state’s privacy policy requirements: members of the public. On October 14, Harris released an online...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

Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience

The California Supreme Court agreed to hear Yelp’s case arguing that requiring the company to remove a one-star review of a law firm “creates a gaping hole” in the immunity that shields internet service providers from suits...more

The Ashley Madison Breach: Canada-Australia Report of Investigation and Takeaways for all Organizations

On August 23, 2016, the Office of the Privacy Commissioner of Canada (OPC) released its joint report with the Office of the Australian Information Commissioner (OAIC) regarding its investigation of the 2015 Ashley Madison...more

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated...more

Children's Privacy Online: The Interplay Between Mobile Applications and the Children's Online Privacy Protection Act

The activities of children on the internet, whether via computers, smart phones, or tablets, have grown exponentially in recent history. As internet access for children increased, parents began losing control of the amount...more

OSHA Finalizes New Workplace Injury Reporting Rule

On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) finalized a recordkeeping and reporting rule that will require covered employers to take the additional step of electronically submitting to OSHA,...more

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

Privacy Issues to Consider When Developing a Mobile App

Many of the most popular mobile apps collect personally identifiable information. Although most app developers are not required to display a privacy policy under federal law, they are contractually required to do so pursuant...more

The Top Three Privacy Takeaways of the New Delaware Online Privacy and Protection Act

Delaware’s New Privacy Policy Requirements - Effective January 1, 2016, Delaware became the second state in the U.S., joining California, to require operators of commercial websites that collect personally...more

Feds continue to prosecute hackers

Sergey Vovnenko, a Ukrainian hacker, was charged in New Jersey federal court this week for wire fraud conspiracy, unauthorized computer access and aggravated identity theft for allegedly hacking into networks of financial...more

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

California Amends Definition of Personal Identifiable Information and Breach Notification Content Requirements

On October 6, 2015, California Governor Jerry Brown signed into law several changes to California’s Data Breach Notification Statute. The law, as amended, adds additional categories of information into the definition of...more

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

The Russian Data Protection Authority, Roskomnadzor, Enforces New Russian Data Localization Law

On September 9, 2015, the Federal Service for Supervision of Communications, Information Technology and Mass Communications (the “Roskomnadzor”) reported on its website that it blocked an extensive online database of more...more

States Try to Make the Grade with Student Data Privacy Efforts

Eight states passed substantive bills during the 2015 legislative session requiring education-focused Internet service, websites and mobile app providers to take measures to protect student data - With students around the...more

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Cybersecurity

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