On November 21, the Supreme Court of Virginia entered a published order reversing a 14-3 en banc decision of the Court of Appeals of Virginia addressing the applicability of Virginia’s criminal laws regulating cybercrime. The...more
New York Attorney General (AG) Letitia James and global movie theater operator National Amusements, Inc. (National) settled a lawsuit stemming from a 2022 data breach reported by National, which affected 82,128 National...more
12/9/2024
/ Class Action ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Movie Theaters ,
Penalties ,
Personally Identifiable Information ,
Settlement ,
State Attorneys General
Since the passage of the California Consumer Privacy Act (CCPA) in 2018, and in the absence of a comprehensive data privacy law at the federal level, states have increasingly sought to enact their own privacy...more
Earlier this year, Governor Josh Shapiro signed amendments to Pennsylvania’s Breach of Personal Information Notification Act (BPINA) into law, which go into effect on September 26. As part of the implementation of these...more
Each of the 50 states has its own definition of what constitutes a reportable data breach. For some, it requires “unauthorized access” to personal information. For others, it requires “unauthorized acquisition.” And then,...more
7/25/2024
/ Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Theft ,
Identity Theft ,
Personal Data ,
Personally Identifiable Information ,
Unauthorized Access
In an unusual move, attorneys general (AG) from 30 states and the District of Columbia filed a bipartisan amicus brief in the Ninth Circuit supporting efforts to revive a proposed class action against payment processor...more
7/25/2024
/ Amicus Briefs ,
Class Action ,
Data Collection ,
Data Privacy ,
Data Protection ,
Financial Services Industry ,
Internet Retailers ,
Payment Processors ,
Personal Jurisdiction ,
Personally Identifiable Information ,
Shopify ,
State Attorneys General ,
Unfair Competition Law (UCL)
‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more
‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more
As we discussed in part three of this series, “Navigating the Complexities of Regulatory Data Incident Investigations,” when an organization is the subject of regulatory data incident investigations, it must navigate a...more
2/19/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Incident Response Plans ,
Investigations ,
NIST ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Settlement
On January 16, New Jersey Governor Phil Murphy signed S332 (the act), making New Jersey the first state in 2024 to enact a comprehensive privacy law. Several other states are currently considering similar comprehensive...more
1/26/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Information Technology ,
New Jersey ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Reform ,
State Data Privacy Laws
It is indeed a tangled regulatory web woven to potentially trap an organization in the wake of a data incident. Navigating this web can involve significant resources, time, and stress. As we discussed in part two of this...more
12/13/2023
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Regulatory Oversight ,
State Attorneys General
Government regulators are seemingly as numerous as the stars nowadays, especially in the universe of data incidents. When organizations experience a data incident, they will need to quickly assess what happened, why it...more
10/16/2023
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Personally Identifiable Information ,
PHI ,
Regulatory Agencies ,
State Attorneys General
In the burgeoning realm of data incidents, it is a truism that such incidents are not created equal. Indeed, a data incident is not necessarily a data breach.
Originally published in Reuters -August 24, 2023...more
8/25/2023
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
NIST ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Regulatory Oversight