News & Analysis as of

Personal Data Personally Identifiable Information Identity Theft

Troutman Pepper

Understanding Access vs. Acquisition - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

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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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - November 2023 #3

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CYBERSECURITY - New York Governor Proposes Cybersecurity Regulations for NY Hospitals - On November 13, 2023, Governor Kathy Hochul released proposed cybersecurity regulations applicable to all hospitals located within...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - September 2023

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CYBERSECURITY - Joint Commission Issues Alert on Patient Safety After a Cyber-Attack - On August 15, 2023, the Joint Commission issued a Sentinel Event Alert entitled “Preserving patient safety after a cyberattack,”...more

Robinson+Cole Data Privacy + Security Insider

Class Action Filed Against Blackhawk Network for Failure to Secure Consumer Data Leading to Breach

A 34-page class action was filed against Blackhawk Network for a data breach that occurred on MyPrepaidCenter.com in September of this year. The plaintiffs allege that Blackhawk Network’s failure to prevent or detect this...more

Robinson+Cole Data Privacy + Security Insider

ACTS Retirement Services Faces Class Action over Data Breach

ACTS Retirement Services, Inc. (ACTS), a non-profit corporation that manages retirement communities, suffered a data breach in April 2022, which led to unauthorized access to thousands of current and former employees’...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - April 2022 #4

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CYBERSECURITY - Intelligence Points to Likely Russian Attacks on Critical Infrastructure - The cybersecurity authorities of the United States (including CISA, FBI, NSA and DOE), Australia, Canada, New Zealand, and the...more

Robinson+Cole Data Privacy + Security Insider

New York Law Incorporates Identity Theft into the Definition of Elder Abuse

New York recently passed legislation to amend the definition of elder abuse to include identity theft. This is important as an acknowledgement of the seriousness of the problem of identity theft involving the elderly, and the...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2022

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CYBERSECURITY - CISA/FBI Advisory Warns of Destructive Malware Used Against Ukraine - The Cybersecurity and Infrastructure Security Agency (CISA) and the FBI issued a joint advisory this week alerting organizations of...more

ArentFox Schiff

Second Circuit: Plaintiffs Have Standing to Sue for Increased Risk of Identity Theft

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In April 2021, the Second Circuit issued a decision recognizing an increased risk of future, unrealized identity theft or fraud as a basis for establishing Article III standing. Background - The case, McMorris v. Carlos...more

Robinson+Cole Data Privacy + Security Insider

Be Wary of Requests for Personal Information on Social Media

I was scrolling through a social media site this week, and was struck by how many requests asked people to respond to questions regarding their biographical information. For example, what was the number one album when you...more

Polsinelli

Biometric Privacy Developments

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Biometric privacy litigation has exploded in the last several years, with the current hot spot focus in Illinois. Class actions under the Illinois Biometric Information and Privacy Act (“BIPA”) have flooded the Illinois state...more

Seyfarth Shaw LLP

The Growing Number of Biometric Privacy Laws and the Post-COVID Consumer Class Action Risks for Businesses

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Biometric privacy continues to be a hot-button topic in the United States, and internationally, with states continuing to join the wave of strict consumer biometric data protection laws. In an effort to avoid costly class...more

Ballard Spahr LLP

Equifax Reaches Historic $575 Million Settlement Agreement Arising from 2017 Data Breach

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Equifax has agreed to pay $575 million to settle consumer as well as state and federal regulatory claims for its 2017 data breach. This is the largest data breach settlement to date. ...more

Fisher Phillips

New Jersey’s Anticipated Expansion of Data Breach & Privacy Laws

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An amendment to New Jersey’s data breach notification requirements of the Consumer Fraud Act is currently awaiting signature by State Governor Phil Murphy. The bill, Assembly No. 3245, was recently passed by both the New...more

Fenwick & West LLP

Pennsylvania High Court’s Dittman Ruling Makes It Harder To Dismiss Data Breach Actions

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The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more

Ballard Spahr LLP

PA Supreme Court: Businesses Have Duty to Safeguard Sensitive Employee Information

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The Pennsylvania Supreme Court has drastically changed the data breach litigation landscape by holding that an employer has a common law duty to use reasonable care to safeguard its employees' personal information stored on...more

Mintz - Privacy & Cybersecurity Viewpoints

Supreme Court Declines to Address Circuit Split on Data Breach Standing Issue

A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v....more

Fisher Phillips

Tougher Privacy and Data Security Protections Coming to North Carolina

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A bi-partisan privacy and data security bill, which will significantly impact companies with North Carolina employees, is in the works. North Carolina State Representative Jason Saine (R), Appropriations Chairman of...more

Ballard Spahr LLP

FTC releases final agenda for May 24 identity theft conference

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On May 24, 2017, the FTC will hold a daylong conference on identity theft in Washington, D.C. The conference, “Planning for the Future,” will include panel discussions about how identity thieves acquire and use consumer...more

Foley Hoag LLP - Security, Privacy and the...

Want to Know Why Memorial Healthcare Systems Is Paying HHS OCR $5.5 Million?

On February 16, 2017, HHS OCR announced that Memorial Healthcare Systems (MHS) had paid the U.S. Department of Health and Human Services (HHS) $5.5 million to settle potential violations of HIPAA’s Privacy and Security Rules...more

Zelle  LLP

Employment Law Navigator – Week in Review: January 2017 #3

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Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

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