News & Analysis as of

Personally Identifiable Information

All 50 States Have Breach Notification Laws

by Jackson Walker on

Alabama and South Dakota have now enacted data breach notification laws. They were the last two states in the United States without a notification law. Both laws cover the usual topics, defining what categories of information...more

Data Breach Laws See Flurry of Activity in U.S. and Canada

by Pepper Hamilton LLP on

With South Dakota and Alabama’s new statutes, all 50 states and the District of Columbia have now enacted data breach notification laws. The Oregon and Delaware amended statutes will enhance requirements, and Canada’s new law...more

Two More Circuits Find Data Breach Standing without Proof that Plaintiffs’ Data Was Misused

Data breaches have become commonplace. Despite the best efforts of many, identity thieves and hackers always seem to find a new vulnerability somewhere in the system of virtually every company that conducts business online....more

New EU Data Laws—What Nonprofit Organizations Need To Know; Including Template for US/EU Privacy Notice

How will the new European Union data protection law affect U.S. nonprofit organizations? Nonprofit organizations based in the U.S. can often handle large amounts of data which originates in the EU—for example, they may...more

Navigating the 50-State Patchwork of Data Breach Laws

by Barley Snyder on

After Alabama enacted its data breach law in March, all 50 states now have some kind of regulation governing cybersecurity and the responsibilities of a business should anyone gain unauthorized access to the personal...more

Failure to Signal: Uber Forced to Accept Expanded Settlement after Concealing Security Breach from FTC

Uber Technologies, Inc. (“Uber”) has agreed to an expansion of its initial August 2017 proposed consent agreement with the Federal Trade Commission (“FTC”), in light of revelations of an additional security breach in October...more

The Weekly Privacy Rewind

by BakerHostetler on

Data Breaches - Portable Oxygen Device Maker Inogen Announces Data Breach - Inogen Inc., which makes portable oxygen devices, reported to the U.S. Securities and Exchange Commission that it experienced a data breach...more

EU's Sweeping Changes to Data Privacy Will Have Global Impact

Do you need to comply with the EU’s sweeping changes to data privacy? It’s more likely than you might think. The European Union (EU) has revamped its approach to data regulation. Its General Data Protection Regulation...more

Alabama Passes Data Security and Data Breach Notification Statute

by Weiner Brodsky Kider PC on

Alabama recently became the 50th state to pass a data breach notification statute, joining South Dakota as the last two states to enact such legislation. The Alabama Data Breach Notification Act of 2018 (the Act) requires...more

European Personal Data Compared to U.S. Personal Identifiable Information Under the New GDPR

On May 25, 2018, the General Data Protection Regulation (GDPR) takes effect. Any violation of this regulation is subject to a fine of up to €20 million, or 4 percent of prior year revenue, whichever is higher. Given this...more

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

The First Things to Do: Ways to Avoid Financial Loss in the Wake of a Loved One's Passing

by Burns & Levinson LLP on

The occasion of a loved one’s passing is a shock, and the loss can often throw those nearest and dearest off their guard. In fact, despite the difficulty of doing so, this is when at least one survivor must step up and take...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

Are You Ready for GDPR?

Personal data is currency in the new world, and while the United States uses a sectoral approach to data privacy, the European Union (EU) treats privacy as a fundamental right of its citizens. Therefore, where U.S....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

Arizona Strengthens and Expands Data Breach Notification Law

by Ballard Spahr LLP on

The Arizona Legislature has significantly expanded and strengthened the state's data breach notification law. The legislation was signed by Arizona Governor Doug Ducey on April 11, 2018....more

K&L Gates Triage: Ride Sharing and Health Care Regulatory Considerations

by K&L Gates LLP on

Transportation is often cited as one of the top barriers to health care for individuals in the United States. To reduce this burden and increase access to care, many health care providers are now partnering with ride-sharing...more

How Will The General Data Protection Regulation Affect Your Sweepstakes Across the Pond

by Verrill Dana LLP on

As was made pretty clear last week from the 1,400 hours of Congressional testimony by Mark Zuckerberg, the USA may want to follow the lead of the EU and adopt laws similar to the General Data Protection Regulation (GDPR). For...more

Update: California’s Consumer Right to Privacy Ballot Initiative

by Latham & Watkins LLP on

California ballot initiative, Consumer Right to Privacy Act of 2018, gathers momentum for a November vote, spurring some telecom and internet businesses to organize opposition. Businesses are preparing to oppose a...more

“GDPR” Is Coming: The General Data Protection Regulation

by Ervin Cohen & Jessup LLP on

Editor’s Note: Strictly speaking, this blog post isn’t really about human resources management or employment law. But it might be; the GDPR is vaguely written and it is not at all clear how it will be applied in relation to...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

Seventh Circuit Reinstates Barnes & Noble Data Breach Class Action

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Seventh Circuit has reinstated a data breach class action filed against Barnes & Noble (B&N).  The litigation, styled as Dieffenbach v. Barnes & Noble, Inc., now heads back to the U.S....more

Busy Data Breach Week

Unfortunately, it was another busy data breach week. Here’s a summary of the major ones. Delta Airlines admitted in a statement that the payment card data of several hundred thousand customers may have been compromised by...more

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Cybersecurity

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