News & Analysis as of

Data Security

Artificial Intelligence: Expectations of the IT Department

by Morgan Lewis on

Artificial intelligence (AI) is the hot topic on everyone’s mind. Technology providers are researching and developing how they can exploit AI, companies in a wide range of industries are seeking to understand how AI will...more

CFPB's Financial Data Sharing Principles Impose New Burdens On Financial Institutions

by Pepper Hamilton LLP on

The Consumer Financial Protection Bureau (CFPB) recently published nine “principles” and an accompanying “insights” report regarding consumers who have authorized financial data sharing and aggregation (especially with...more

Ad Groups Ask FTC To Focus On Concrete Injuries, Not Subjective Emotional Distress

by King & Spalding on

Several advertising groups recently filed comments with the Federal Trade Commission (“FTC”) urging the organization to pursue enforcement actions only against security and privacy practices that cause “concrete injuries” to...more

In Wake of Equifax Breach, Squatters Appear and Are Vanquished

On September 7, Equifax Inc. announced the cyber security breach that could potentially impact 100 million U.S. consumers. In addition to Equifax’s main website, Equifax.com, the company set up a dedicated website —...more

Lessons To Be Learned From The Breach Of Nearly 500,000 Individual Health Records Reported In September 2017

by Jackson Lewis P.C. on

A recent report indicates that nearly 500,000 individual health records were breached in September 2017. This figure is taken from the 39 healthcare data breaches involving more than 500 records that were reported to the...more

Is There Automatic Civil Liability For A Data Breach?

by Fisher Phillips on

No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

SCOTUS Will Not Review CFAA Password Sharing Case

by Jackson Lewis P.C. on

The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held...more

Do You Have “Security Fatigue”?

Every day it seems a new data security breach has occurred, a new “cyber hack” is in the news…making us run to our phones, computers, bank accounts, you name it, to see if we could be the “one” affected. As a result, more and...more

Privacy Perils: Driverless Cars Are the Future, But Are There Privacy Potholes Ahead?

by Bass, Berry & Sims PLC on

Driverless cars are no longer a far-off pipe dream. Look for Hyundai and Toyota to showcase their driverless models at the upcoming 2018 and 2020 Olympics (in South Korea and Japan, respectively). Many predict that within 10...more

How Employers Can Become Experts at Data Breaches: Talking about security with employees

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were inadvertently responsible for the loss of information about...more

December 31 Deadline Approaching for Contractors Who Handle Export-Controlled Technical Information

by Williams Mullen on

Under DFARS Clause 252.204-7012, certain government contractors that store, process or transmit technical information that is controlled under the International Traffic In Arms Regulations (“ITAR”) or the Export...more

Biometric Information Privacy Act (BIPA): A Checklist for Defendants

by Locke Lord LLP on

The rising tide of litigation under Illinois’s Biometric Information Privacy Act (BIPA) shows no sign of ebbing anytime soon. No industry is immune, and here’s what companies should consider if they’ve been named as a...more

Yes, Your Business Needs a Data Protection Officer

by Revision Legal on

On May 28, 2018, new data protections laws and regulations go into effect for the European Union (“EU”). The new regulations are called the General Data Protection Regulation (“GDPR”)....more

The Data Report Episode 21: Employee Negligence Related to Data Security

by Bilzin Sumberg on

Module Six: Workplace Data Security (Part II) Litigation attorney Jay Ward discusses employee negligence related to data security in this episode of The Data Report. He highlights the importance of incorporating good data...more

Social Links: Potential cures for cyberbullying & other social media ills; cross-device tracking could imperil employers; should...

After British police unsuccessfully tried to get the blogging platform WordPress.com to remove offensive and threatening posts, the deputy leader of the UK’s Labour Party vowed to urge changes that would make the country’s...more

Litigation Under Illinois Biometric Information Privacy Act Highlights Biometric Data Risks

by K&L Gates LLP on

Since June 1, 2017, over thirty class actions have been filed in Illinois alleging claims under the Illinois Biometric Information Privacy Act (“Illinois BIPA”), which regulates the use and retention of biometric...more

Auto Dealerships And What Dealerships Can Do

by Jackson Lewis P.C. on

Automobile dealerships’ cybersecurity vulnerabilities can drive away customers, according to a survey by auditing firm Total Dealer Compliance. Automotive News said the survey of 200 dealerships in five states found...more

Moving Beyond Passwords – Does Your Face Raise Privacy Concerns?

by BakerHostetler on

Phishing attacks continue to be the root cause of a considerable number of data breaches. Typically, these incidents occur when employees are enticed into giving up their login credentials in response to a cleverly designed,...more

New York Introduces New Data Protection Legislation

by Fisher Phillips on

Citing a sixty percent increase in data breach notifications from 2015 to 2016, New York Attorney General Eric Schneiderman recently introduced the Stop Hacks and Improve Data Electronic Security Act (SHIELD) bill. The...more

A Call to Action: New York Becomes a National Force in Data Security

New York is emerging as the nation’s de facto top data security regulator. Earlier this year, the state’s powerful Department of Financial Services implemented its tough cybersecurity regulation covering banks and...more

From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings

by BakerHostetler on

On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online...more

Want to Learn More About Fighting Negative CPARS Ratings, Privacy in Government Contracting, the Mandatory Disclosure Rule or Just...

The fall brings many nice things: cooler weather, beautiful leaves, and of course, the Government’s fiscal year end. To those wondering where in the world Kilpatrick’s government contracts attorneys have been (because they...more

Imminent Deadline Looms for Government Contractors on Cybersecurity Compliance

by PilieroMazza PLLC on

Now that the government fiscal year end has passed, government contractors that handle controlled unclassified information (“CUI”) must turn their attention – if they haven’t already – to the quickly approaching calendar year...more

FTC: Stay Stuck on Security

The Federal Trade Commission recently wrapped up its Stick with Security blog series, which dove deeply into data security lessons based on agency cases, closed investigations, and questions and comments from businesses....more

Hyatt and Bob Evans Face Class Action Biometric Suit Over Fingerprints

Hyatt Corp. was hit with a class action suit this week for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing employees’ fingerprints. This is the latest in a string of suits...more

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Cybersecurity

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