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Category Archives: Data Security

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A Closer Look at CISA’s Cybersecurity Information-Sharing Provisions

Posted in Congress, Cybersecurity

As we reported on October 27, the U.S. Senate passed the Cybersecurity Information Sharing Act (“CISA,” S. 754).  If enacted into law, CISA would, among other things, establish a voluntary framework for the sharing of cybersecurity threat information between and among the federal government and private entities.  CISA must now be reconciled with two similar… Continue Reading

Cox Communications to Pay $595,000 in Data Breach Settlement

Posted in Data Breaches, Data Security, Federal Communications Commission, United States

By Hannah Lepow Yesterday the FCC announced that it has entered into a $595,000 settlement agreement with Cox Communications to resolve an investigation into whether the company failed to protect its customers’ personal information when it suffered a data breach in 2014.  This is the first privacy  and data security enforcement action the FCC Enforcement… Continue Reading

Senate Passes Cybersecurity Information Sharing Legislation

Posted in Congress, Cybersecurity

The U.S. Senate passed the Cybersecurity Information Sharing Act (“CISA,” S. 754) today.  In material part, the bill: establishes a voluntary framework for real-time information sharing of “cyber threat indicators” and “defensive measures” between private organizations (defined to also include state and local governments) and the federal government; with respect to information sharing among private… Continue Reading

FTC Releases Agenda for November 5th “Start with Security” Conference

Posted in Cybersecurity, Data Security, Federal Trade Commission, United States

By Megan L. Rodgers The FTC has announced its agenda and panelists for its conference on data security, which will be held on November 5th, 2015, at the University of Texas, in Austin. This is the second in a series of conferences aimed at helping small- to medium-sized businesses protect consumers’ information.  The first conference… Continue Reading

Covington Attorneys Author Chapter on the Challenges of Managing Third-Party Outsourcing Risks

Posted in Cloud Computing, Cybersecurity, Data Security, Emerging Technologies, Technology Transactions

As businesses increasingly work with various types of third parties that process sensitive information and, in some cases, access a company’s networks, there is an inherent risk:  these third parties create new avenues of attack against a company’s data, systems, and networks.   Covington attorneys David Fagan, Nigel Howard, Kurt Wimmer, and Elizabeth Canter describe these… Continue Reading

Three-Bill Package Makes Revisions to California’s Data-Breach Notification Statute

Posted in Data Breaches, Data Security, State Legislatures, United States

By Brandon Johnson On October 6, 2015, California Governor Jerry Brown signed into law a trio of bills that is intended to clarify key elements of the state’s data-breach notification statute and provide guidance to persons, businesses, and state and local agencies that deal with electronically stored personal information.  The bills, which were passed together… Continue Reading

Start With Security: Key Takeaways from the FTC’s Data Security Conference

Posted in Data Security, Emerging Technologies, Federal Trade Commission

By Lindsey Tonsager and Megan Rodgers The FTC held its “Start with Security” conference in San Francisco, California, last week, launching an initiative to provide companies with practical resources for implementing effective data security strategies. The event was targeted at tech start-ups and small- and medium-sized businesses, but the panelists included representatives from companies with… Continue Reading

UK Government Launches Cybersecurity Service For Healthcare Organizations

Posted in Cybersecurity, Data Breaches, Data Security, European Union, Health Privacy, United Kingdom

The UK government has announced a new national service providing expert cybersecurity advice to entities within the National Health Service (NHS) and the UK’s broader healthcare system.  The project, called CareCERT (Care Computing Emergency Response Team), is aiming for a full go-live in January 2016. 

Proposed Rule Would Amend Federal “Common Rule” Requirements

Posted in Data Security, Department of Health and Human Services, Health Privacy

On September 8, 2015, sixteen federal agencies published a long-awaited Notice of Proposed Rulemaking (NPRM) to modernize the Federal Policy for the Protection of Human Subjects, known as the “Common Rule.” The proposal, available here, includes a number of changes related to privacy and data security and other changes relevant to entities seeking to conduct… Continue Reading

Data Localization Requirements Through the Backdoor? Germany’s “Federal Cloud”, and New Criteria For the Use of Cloud Services by the German Federal Administration

Posted in Cloud Computing, Cybersecurity, Data Security, European Union, Sourcing, Technology Transactions

In May 2015, reports about the German government’s plans to establish federal German cloud infrastructure (the “Bundes-Cloud”) raised concerns about the possible introduction of data localization requirements (preventing the storage and processing of data outside Germany).  The criteria for the use of cloud services by Germany’s federal administration, which have recently been published, now give… Continue Reading

What You Need to Know About Germany’s Cybersecurity Law

Posted in Cybersecurity, Data Security, European Union

Whilst the discussions on the proposed Network and Information Security (NIS) Directive at European level are still ongoing (see Update on the Cybersecurity Directive − over to Luxembourg?, InsidePrivacy, June 12, 2015), less has been said about Germany new national Act to Increase the Security of Information Technology Systems (the “IT Security Law”).  The IT Security Law… Continue Reading

DoD Issues Interim Rule Addressing New Requirements for Cyber Incidents and Cloud Computing Services

Posted in Cloud Computing, Cybersecurity, Data Security, United States

By Susan Cassidy, Alex Sarria, Patrick Stanton, and Catlin Meade On August 26, 2015, the Department of Defense (DoD) issued an interim rule that significantly expands the obligations imposed on defense contractors and subcontractors to safeguard “covered defense information” and for reporting cyber incidents on unclassified information systems that contain such information.  The interim rule revises the… Continue Reading

FTC Releases Agenda for September 9th “Start with Security” Conference

Posted in Cybersecurity, Data Security, Federal Trade Commission, United States

By Megan L. Rodgers The FTC has announced its agenda and panelists for its conference on data security, which will be held on September 9, 2015 at University of California Hastings College of the Law, in San Francisco. This is the first in a series of conferences aimed at helping small- to medium-sized businesses protect… Continue Reading

Cybersecurity Risks with Connected Devices

Posted in Cybersecurity, Data Security, Health Privacy

By Bianca Nunes Cybersecurity vulnerability is becoming an increasing concern as medical devices are becoming more connected to the Internet, hospital networks, and other medical devices. As we previously reported, FDA has increasingly focused on promoting cybersecurity, recognizing that compromised medical devices can pose a risk to patient health and safety and to the confidentiality… Continue Reading

OMB Issues New Draft Cyber Guidance for Contractors

Posted in Cybersecurity, Data Security

By Susan Cassidy, Alex Sarria On August 11, 2015, the Office of Management and Budget (OMB) issued a draft guidance memorandum intended to improve cybersecurity protections in federal acquisitions. Specifically, the proposed memorandum provides direction to federal agencies on “implementing strengthened cybersecurity protections in Federal acquisitions for products or services that generate, collect, maintain, disseminate,… Continue Reading

Multistakeholder Group Seeks Comment on Draft Framework for IoT Device Manufactures

Posted in Advertising & Marketing, Data Security, Emerging Technologies, Mobile Online, Privacy Policies

Earlier this week, the Online Trust Alliance released a draft framework of best practices for Internet of Things device manufacturers and developers, such as connected home devices and wearable fitness and health technologies.  The OTA is seeking comments on its draft framework by September 14. The framework acknowledges that not all requirements may be applicable… Continue Reading

China Issues Draft Network Security Law

Posted in China, Cybersecurity, Data Security, International

By Ashwin Kaja* and Yan Luo Close on the heels of a sweeping new National Security Law, the Standing Committee of the National People’s Congress released last month for public comment a very significant draft Network Security Law (“Draft Law”), also referred to as the draft Cybersecurity Law. Since it came into power in 2012,… Continue Reading

Neiman Marcus Asks Full 7th Circuit to Consider Standing Ruling in Breach Suit

Posted in Data Breaches, Data Security, Litigation, United States

A Seventh Circuit panel that allowed a data breach suit against Neiman Marcus to proceed misapplied the Supreme Court’s precedents on standing and, “if allowed to stand, will impose wasteful litigation burdens on retailers and the federal courts,” the retailer argues in a petition filed yesterday asking the full Seventh Circuit to rehear the case…. Continue Reading

Fiat-Chrysler Recalls 1.4 Million Vehicles In Response to Security Vulnerability

Posted in Data Security

Last Friday, Fiat Chrysler announced the recall of 1.4 million vehicles to fix security vulnerabilities, further highlighting the importance of properly addressing cybersecurity issues created by the use of connected devices.  The recall follows an article published last Tuesday by Wired magazine which described methods used by security researchers to remotely access a Jeep Cherokee,… Continue Reading

Data Breach Plaintiffs Allege Enough Risk of Harm for Suit to Proceed, Appeals Court Rules

Posted in Data Breaches, Data Security, Litigation, United States

Neiman Marcus customers whose credit card information potentially was exposed in a 2013 breach of the retailer’s computer systems may proceed with their proposed class action lawsuit against the retailer, a federal appeals court ruled Monday. Neiman Marcus discovered in December 2013 that some of its customers had found fraudulent charges on their credit cards,… Continue Reading

Carriers Agree to $3.5 Million FCC Fine For Alleged Privacy Violations

Posted in Data Security, Federal Communications Commission, United States

In a consent decree adopted yesterday by the Federal Communications Commission, two telecommunications carriers — TerraCom, Inc., and YourTel America, Inc. — agreed to pay a $3.5 million civil penalty and adhere to a three-year compliance program to settle allegations that the carriers violated the federal Communications Act by failing to adequately protect “proprietary information”… Continue Reading

Senate Panel Debates Law Enforcement Access to Encrypted Communications

Posted in Cybersecurity

The Senate Judiciary Committee today held a hearing about the increased challenges that encryption poses for law enforcement. Government officials testified that advances in encryption technology make it more difficult for them to monitor communications, but there was little indication that lawmakers are prepared to require technology providers to ensure that law enforcement has backdoor… Continue Reading

FTC Releases “Start with Security” Guide to “Practical Lessons” From Data Security Enforcement Actions

Posted in Data Security, Federal Trade Commission

As part of its ongoing outreach efforts to educate businesses about the importance of data security practices, the FTC has released a list of “10 practical lessons” drawn from its previous data security enforcement actions.  The list, entitled “Start with Security: A Guide for Business,” acknowledged that the FTC’s 50-plus data security enforcement actions are… Continue Reading