News & Analysis as of

Personally Identifiable Information

Biometric Data in the Workplace Could Trigger Privacy Litigation Wave

by Jones Day on

The Situation: While biometric data (such as fingerprints, facial recognition technology, and iris scans) can be used effectively in the workplace, privacy advocates worry that anonymity could be undermined, and plaintiffs'...more

Locky Ransomware Variant Difficult to Detect

We previously warned readers about the Locky ransomware, which is potent and designed to use phishing emails to lure users to click on links and attachments, including pdfs....more

Data Privacy + Cybersecurity Insider - November 2017 #3

by Robinson & Cole LLP on

We previously warned readers about the Locky ransomware, which is potent and designed to use phishing emails to lure users to click on links and attachments, including pdfs. Now, researchers at Cylance have discovered...more

Part Two: In-Depth Look at New York’s New Data Security Bill

Second in a two-part series. Last week, in the first part of this series, we examined several key aspects of New York’s proposed data security law, Stop Hacks and Improve Data Security Act or SHIELD Act. In our second and...more

Voice-Activated Devices May Collect Audio from Children

by Morgan Lewis on

A new FTC policy eliminates the requirement to obtain parental consent to collect a recording of a child’s voice in certain circumstances....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

An In-Depth Look at New York’s New Data Security Bill

First in a two-part series. As we reported last week, New York Attorney General Eric T. Schneiderman has introduced a bill aimed at protecting New Yorkers from data breaches. The Stop Hacks and Improve Data Security Act or...more

The evolving cyber insurance market: How IT companies, financial institutions, and other nontraditional players can offer cyber...

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells counsel Robert Fettman discusses the evolution of cyber insurance, the level of regulatory oversight applied to covered entities, and ways that noninsurance companies can...more

How Employers Can Become Experts at Data Breaches: HR service providers

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

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

Maryland Data Breach Notification Law Updated: Effective 1/1/18

The Maryland Personal Information Protection Act has been updated and the new provisions are effective January 1, 2018. The new law expands the definition of personal information that is protected under the statute....more

Indictment Of Day Trader For Hacking And Securities Fraud Demonstrates How Bitcoin Can Be Used For Money Laundering

by Fox Rothschild LLP on

Earlier this week, a federal grand jury in Brooklyn returned an indictment criminally charging a self-described “day trader” with various offenses in connection with an alleged computer hacking scheme involving more than 50...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

Data Privacy + Cybersecurity Insider - November 2017 #2

by Robinson & Cole LLP on

Michigan Governor Rick Snyder has signed into law the Cyber Civilian Corps Act, which established the Michigan Cyber Civilian Corps, dubbed MiC3. The corps has been in existence for three years but not statutorily deployed. ...more

A Question of Privilege: Court Wrestles With Attorney-Client and Work Product Issues in Data Breach Case

In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services...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

Behavioral Advertising: What Companies Need to Know About Evolving Advertising Technologies

by McGuireWoods LLP on

Rapidly changing and complex technology, the rise of “Big Data” and an increasing focus on digital advertising has made advertising legal compliance an increasingly complex area for companies. In-house attorneys and their...more

Beazley Publishes Special Report on 2017 Healthcare Breaches

Beazley has published a report outlining data breaches in the first nine months of 2017. The report notes that the highest cause of a data breach in 2017 so far are unintended disclosures, which accounted for 41 percent of...more

Privacy Tip #113 – Protect Seniors’ Personal Information

I just read an article about a nurse from Florida who was convicted of wire fraud, theft of government funds, possession of unauthorized access devices and aggravated identity theft....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

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

Clinical trials Part II: Privacy, cybersecurity risks, and managing ePHI

by Thompson Coburn LLP on

The ongoing digitization of the drug and medical device industries continues, and, as a result, new considerations have come to the forefront for companies engaged in clinical trials. In Part 1 of this series, we described a...more

The First Step to GDPR Compliance Is Reintroducing Yourself to the Individual

by NAVEX Global on

The European Union’s looming new General Data Protection Regulation will be one of the biggest GRC issues companies face in 2018. Its extraterritorial reach is sweeping, potential penalties are high, and conceivable...more

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Cybersecurity

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