Archives: Data Security

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The Commission on Enhancing National Cybersecurity Releases Its Report on Securing and Growing the Digital Economy

On December 1, 2016, the Commission on Enhancing National Cybersecurity released its Report on Securing and Growing the Digital Economy. In its Report, the Commission, established in February 2016 by President Obama, provided detailed short- and long-term recommendations to strengthen cybersecurity in the public and private sectors. The Commission took a multi-stakeholder approach, emphasizing the … Continue Reading

Insurance Coverage Issues for Cyber-Physical Risks

The recent National Institute of Standards and Technology (NIST) publication of cybersecurity guidance for the Internet of Things (IoT) is a useful reminder that hacking incidents can result not only in privacy breaches, but also in bodily injury or property damage — via critical infrastructure, medical devices and hospital equipment, networked home appliances, or even … Continue Reading

Advisory Group Releases Report on Internet of Things

Following NIST’s release of cybersecurity guidance for the Internet of Things last week, the Broadband Internet Technical Advisory Group (BITAG) released a report today titled Internet of Things (IoT) Security and Privacy Recommendations (the Report).  BITAG is a non-profit organization that brings together engineers and technologists in a working group to develop consensus on technical … Continue Reading

NIST Releases Cybersecurity Guidance for Internet of Things

On November 15, 2016, the National Institute of Standards and Technology (NIST) released its final guidance providing engineering-based solutions to protect cyber-physical systems and systems-of-systems, including the Internet of Things (IoT), against a wide range of disruptions, threats, and other hazards.  NIST Special Publication 800-160 (the “Guidance”) is the result of four years of research … Continue Reading

NIST Releases Cybersecurity Guide for Small Businesses

The National Institute of Standards and Technology (NIST) released guidance today designed to help small businesses improve their cybersecurity preparedness.  The document, Small Business Information Security: The Fundamentals, is based on NIST’s 2014 Framework for Improving Critical Infrastructure Cybersecurity, a widely used cybersecurity framework (Cybersecurity Framework).  For additional background on the Cybersecurity Framework, please see … Continue Reading

NHTSA Releases Proposed Cybersecurity Guidance for the Automotive Industry and Solicits Public Comment

On October 24, 2016, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) announced the release of Cybersecurity Best Practices for Modern Vehicles, a non-binding, proposed guidance document designed to assist the automotive industry in improving motor vehicle cybersecurity and mitigating threats to safety. The guidance is intended to apply broadly to “all … Continue Reading

FTC Issues Guidance for Responding to Data Breaches

On Tuesday, the FTC issued new guidance for businesses on responding to data breaches, along with an accompanying blog post and video.  The data breach response guidance follows the issuance of the FTC’s “Start with Security” data security guidance last year and builds upon recent FTC education and outreach initiatives on data security and cybersecurity … Continue Reading

Inherited Infrastructure, Outdated Software, And Other Failings That Led To TalkTalk’s Record Fine

On October 5, 2016, the UK Information Commissioner’s Office (“ICO”) fined telecoms company TalkTalk a record £400,000 for failing to put in place appropriate data security measures and allowing a cyber-attacker to access TalkTalk customer data “with ease.”  The ICO highlighted several  technical and organizational deficiencies as justification for issuing its largest fine to-date.  Many … Continue Reading

UK Telco Loses Appeal; Should Have Reported Data Breach Within 24 Hours Of Customer Complaint, Not Fuller Investigation

By Phil Bradley-Schmieg and Gemma Nash On August 30, 2016, a major UK telecoms company (TalkTalk) lost its appeal against a fine imposed on it for failing to report a personal data breach to the UK national data protection authority (the Information Commissioner) within 24 hours of its receipt of a customer’s complaint. Commission Regulation … Continue Reading

Launch of the Third Edition of Data Protection & Privacy, edited by Covington’s Monika Kuschewsky

On September 22, 2016, Monika Kuschewsky, a senior lawyer in Covington’s global Data Protection and Cybersecurity practice, hosted a seminar on “The Latest Data Protection Developments Around the Globe”.  The third edition of the multijurisdictional handbook Data Protection & Privacy, edited by Ms. Kuschewsky and published by Thomson Reuters in the Sweet & Maxwell International … Continue Reading

New York State Proposes Cybersecurity Regulation for Financial Services Institutions

On September 13, 2016, New York Governor Andrew Cuomo announced a proposed regulation that would require financial service institutions to develop and implement cybersecurity programs to prevent and mitigate cyber-attacks.  The proposed regulation will be subject to a 45-day comment period once it is published in the New York State Register. The regulation will become … Continue Reading

FTC Announces it will Provide Guidance on Ransomware

The FTC has become the most recent regulator to take a closer look at ransomware and its impact on consumers. During the FTC’s September 7, 2016, Fall Technology Series on Ransomware, Chairwoman Edith Ramirez announced that the FTC will soon release guidance to businesses on how to protect against ransomware. Ransomware is a malicious software … Continue Reading

FTC Maps Its Cybersecurity Requirements to NIST Cybersecurity Framework Core Functions

By Catlin Meade and Jenny Martin On August 31, 2016 the FTC posted a blog addressing whether compliance with the NIST Framework for Improving Critical Infrastructure Cybersecurity (“the Framework”) necessarily constitutes compliance with FTC cybersecurity practices. The FTC answers this question with a resounding “No” and specifically states:  “there’s really no such thing as ‘complying … Continue Reading

FTC Requests Comments on the Safeguards Rule

The Federal Trade Commission (“FTC” or “Commission”) is soliciting public comments on its Standards for Safeguarding Customer Information (“Safeguards Rule”) as part of the systematic review of all FTC rules and guides on a 10-year schedule.  The Safeguards Rule was promulgated by the Commission pursuant to the Gramm-Leach-Bliley Act’s (“GLBA”) directive for federal agencies to … Continue Reading

Consumer Groups, Stakeholders React to Petition Requesting Halt in Vehicle-to-Vehicle Communications Service Due to Cybersecurity Concerns

A variety of advocacy groups and industry stakeholders filed comments yesterday in response to a petition by non-profit Public Knowledge to halt operation of the Dedicated Short-Range Communications (DSRC) service.  The nascent DSRC service, which operates in the 5.9 GHz band, enables vehicle-to-vehicle and vehicle-to-infrastructure communications to protect the safety of drivers and passengers and … Continue Reading

UK Government Considering New Patient Data Security and Research Consent Standards, Sanctions

A new post on the Covington eHealth blog reports that the UK government is running a consultation around NHS patient data security standards and a new legal framework for secondary uses (e.g. research) of patient data.  To find out more about the proposals and the consultation, please click here.… Continue Reading

Auto Industry Releases Cybersecurity Best Practices

The Automotive Information Sharing and Analysis Center (“Auto-ISAC”) has released a set of cybersecurity best practices for the automotive industry.  The best practices are primarily geared toward automakers, but note that suppliers of motor vehicle components might also benefit from implementing them. The best practices include seven functions, each of which includes several recommendations: (1) … Continue Reading

Significant HIPAA Fine Follows Business Associate’s Stolen iPhone

A new post over on Covington’s eHealth blog discusses a recent enforcement action taken by the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) against Catholic Health Care Services, a business associate under HIPAA, arising out of a stolen iPhone.  This recent enforcement action should put business associates … Continue Reading

Federal Government Releases Final Guidance on CISA

Yesterday, the Department of Homeland Security (“DHS”) and Department of Justice released final guidance as required by Title I of the Cybersecurity Act of 2015 (“CISA”), which was enacted into law this past December.  The guidance was prepared in consultation with several additional federal agencies, and includes four separate documents.  We summarize each of the … Continue Reading

Cyber Insurer Seeks to Void Data Breach Coverage Because of Purported Misstatements in Policy Application

Cyber insurers commonly require insureds to complete detailed applications, often including extensive technical disclosure and risk self-assessments. The complaint recently filed by the insurer in Columbia Casualty Co. v. Cottage Health System illustrates the pitfalls in these requirements. Cottage Health, an operator of a hospital network, suffered a data breach in 2013 resulting in thousands … Continue Reading

P.F. Chang’s Ruling Highlights Potential Pitfalls of Cyber Insurance

Data breaches suffered by retailers and other businesses that handle payment cards can result in substantial assessments by card brands such as MasterCard and Visa. Retailers typically do not process payment card transactions directly with the banks that issue their customers’ cards. Instead, they contract with an intermediary—called an acquiring or servicing bank—to process their … Continue Reading

Morgan Stanley to Pay $1 Million Penalty in SEC Cybersecurity Settlement

By Ciarra Chavarria and Keir Gumbs On June 8, 2016, the Securities and Exchange Commission announced that Morgan Stanley Smith Barney LLC (“Morgan Stanley”) had agreed to pay $1 million as a penalty for charges relating to its “failures to protect customer information.” Morgan Stanley’s settlement with the SEC came several months after a federal … Continue Reading
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