News & Analysis as of

Data Security

SIFMA’s New Data Aggregation Principles and What They Mean for the Financial Sector

Last week, the Securities Industry and Financial Markets Association (“SIFMA”), a trade group for the United States securities industry, issued a set of Data Aggregation Principles (“the Principles”). In general, data...more

Uber’s Latest Headache

An expanded settlement by the Federal Trade Commission with ride-sharing giant Uber Technologies should serve as a lesson to other businesses about what happens when a company fails to disclose a data breach during an ongoing...more

Federal Data Breach Reporting Regulations Published – Take Effect November 2018

The final Breach of Security Safeguards Regulations (Regulations) under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) were made on March 26, 2018, and published on April 18, 2018. The...more

Uber Goes 0-2 in Data Breach Notifications

by Murtha Cullina on

In August, 2017, the Federal Trade Commission (“FTC”) proposed a settlement agreement with Uber stemming from its investigation of a 2014 data breach due to Uber’s “unreasonable security practices”. The lengthy investigation...more

71% of U.S. Federal Agencies Have Reported Cybersecurity Breaches!

by Foley & Lardner LLP on

Darkreading.com reported that “Federal agencies must protect sensitive data and both thwart bad guys hunting for citizens’ private data and nation-state hackers with their own agendas — in addition to grappling with perennial...more

Credit Card Evolution: Goodbye John Hancock

by Goulston & Storrs PC on

For years, the signature requirement for completing a credit card transaction has felt something like an obsolete means of confirming a user’s identity. ...more

What Employers Need to Know About the Dark Web

by Fisher Phillips on

The average internet user may be largely unaware that there are actually different “levels” of the internet. First, there is the surface level of the internet where companies post their webpages, and where employees may...more

Massachusetts Case Against Equifax Survives Motion to Dismiss

by Goodwin on

On April 2, 2018, the Superior Court of Suffolk County, Massachusetts denied Equifax, Inc.’s motion to dismiss the Commonwealth’s case against it related to the company’s widely publicized 2017 data breach. Although the...more

Here’s the Recipe: How to Ensure Your Food and Beverage Company Will Be Ready for a Value-Maximizing Sale

by Morrison & Foerster LLP on

You’ve created a great product and built a valued brand. You’ve devoted countless hours to building relationships with key distributors and retailers, designing attractive packaging, and forging a social media presence. But...more

Oregon Enacts Tougher Data Breach Notification Law

by Jackson Lewis P.C. on

Oregon Governor Kate Brown signed a bill last month toughening the state’s already stringent data breach notification law, which will take effect on June 2, 2018. The most significant change for companies to be aware of is...more

Panera’s Breach And The Knead For National Notification

by Husch Blackwell LLP on

Eight months after a significant data breach involving customer data was reported to Panera Bread company by a security researcher and within a day of an article being published laying out the nature and extent of the breach,...more

GDPR Countdown - Six Weeks to Go

by DataSmart Consulting LLC on

By this point, you’ve probably figured out that we’re nerds. It was inevitable, really. For us, that’s a good thing, because it means that our obsession with data, information, strategy, and law come together in a coherent...more

Senate Banking Committee Probes Mulvaney’s Leadership at the CFPB

by Ballard Spahr LLP on

On April 12, 2018, Mick Mulvaney, the Acting Director of the Consumer Financial Protection Bureau (Bureau) testified before the Senate Committee on Banking, Housing, and Urban Affairs regarding the Bureau’s Semi-Annual Report...more

Oregon Amends Provisions Regarding Notice Requirements for Breach of Security

by Weiner Brodsky Kider PC on

Oregon has issued Senate Bill 1551, which requires that any person that owns, licenses or otherwise possesses personal information that was subject to a breach of security, or that received notice of breach of security from...more

A paradise for data privacy advocates - Bermuda’s privacy law now in full effect

With enactment of the Personal Information Protection Act (PIPA), Bermuda can now count itself among the ever-expanding list of jurisdictions with enhanced privacy protections. PIPA, passed on July 27, 2016, and entered into...more

Keys To The City: Recent Developments In New York City Address Cybersecurity Risks

by Reed Smith on

In the wake of recent cyberattacks, cities and states are taking a stand. On March 29, New York City (the City) Mayor Bill de Blasio announced NYC Secure, an initiative that will include a suspicious activity alert app for...more

SEC Releases Interpretive Guidance on Cybersecurity Risk and Incident Disclosures

by Moore & Van Allen PLLC on

On Feb. 22, 2018, the Securities and Exchange Commission (SEC) issued its first interpretive guidance since October 2011 on public companies’ cybersecurity risk and incident disclosure obligations. ...more

Alabama's Data Breach Notification Law Takes Effect June 1, 2018

by Baker Donelson on

On March 28, Alabama Governor Kay Ivey signed SB 318, the Alabama Data Breach Notification Act of 2018, which becomes effective on June 1, 2018. Alabama was the final state to enact a data breach notification law, and many...more

Due Diligence When Selecting A Vendor

by Farrell Fritz, P.C. on

When faced with the task of collecting, processing, reviewing and producing digital data, law firms (and clients) often retain outside vendors to assist. Depending on the vendor, and the circumstances of the retention, there...more

Hacked! New Privacy Obligations a Timely Reminder to Train Employees

by K&L Gates LLP on

Changes to the federal Privacy Act 1988 (Cth) which commenced from 22 February 2018 now create notification obligations when personal information has been disclosed or lost. Given these changes, it is important to ensure that...more

Federal Enforcement Isn’t the Only HIPAA Concern—States Flex Their Muscles

by McGuireWoods LLP on

Despite the lack of significant settlements for HIPAA enforcement by the federal Office of Civil Rights (OCR) so far in 2018, states have not hesitated to patrol privacy and security breach activity and take action against...more

Data Breach Notification Coming to Canada

by Littler on

The Government of Canada has announced that its proposed data breach notification requirements pursuant to the Digital Privacy Act (the “Act”) will take effect on November 1, 2018. The Act amends Canada’s Personal...more

Recognizing the Risks of a Malicious Insider

by DataSmart Consulting LLC on

Although we often hear the most about hackers, mostly because it allows media to use the standard “faceless guy in a hoodie” images, black hats are not the only cause of data breaches. In fact, one of the biggest risks to...more

GAO Says CMS Must Do More to Protect Medicare Info

by Murtha Cullina on

In a report released on April 5, 2018, the Government Accountability Office (GAO) concluded that the Centers for Medicare and Medicaid Services (CMS) has not done enough to adequately protect the electronic data of Medicare...more

Facebook Facing Fallout Over Alleged Privacy Breaches

by Balch & Bingham LLP on

Over a dozen lawsuits have been filed by users and investors against Facebook after it was revealed last month that Cambridge Analytica, a political research firm, obtained personal information on millions of Facebook users....more

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Cybersecurity

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