Tag Archives: Data Breaches

D.C. Circuit: Data Breach Plaintiffs Plausibly Allege ‘Substantial Risk’ of
ID Theft Sufficient to Support Standing

Customers’ allegations that they face a substantial risk of identity theft as a result of a 2014 data breach are sufficiently plausible to allow their suit against health insurer CareFirst to proceed, the U.S. Court of Appeals for the D.C. Circuit held in an August 1 decision. CareFirst discovered in April 2015 — and announced … Continue Reading

Judge Denies Neiman’s Motion to Dismiss Data Breach Class Action

A federal judge in the Northern District of Illinois has denied Neiman Marcus Group LLC’s (“Neiman”) motion to dismiss a consumer class action lawsuit arising from a December 2013 data breach at the retailer that exposed about 350,000 credit cards.  As we previously reported, the plaintiffs sued Neiman alleging various claims arising from fraudulent charges … Continue Reading

European Institutions Reach Agreement on EU Cybersecurity Rules

On December 7, 2015, the European institutions reached an informal agreement on the EU Network and Information Security (NIS) Directive — dubbed the Cybersecurity Directive (see press release from the Council).  Among other things, the NIS Directive imposes security and incident reporting obligations on operators of essential services in critical sectors and on some digital … Continue Reading

House Focuses on Data Breach Bills

By Ani Gevorkian The issues of data breach notification and data security issued received a fair amount of attention in the House this week:  On Wednesday, the House Energy and Commerce Subcommittee on Trade approved one data breach bill, and on Thursday, Rep.  Jim Langevin (D-RI), co-chairman of the House Cybersecurity Caucus, announced the release … Continue Reading

Senate Holds Internet of Things Hearing

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing on February 11, 2015, entitled The Connected World: Examining the Internet of Things.  The panelists included Justin Brookman, director of the Consumer Privacy Project at the Center for Democracy and Technology; Adam Thierer, a senior research fellow at George Mason University’s Mercatus Center; … Continue Reading

Data Breach Notification Bills Introduced in House and Senate

By Caleb Skeath Last week, Reps. Joe Barton (R-TX) and Bobby Rush (D-IL) re-introduced the Data Accountability and Trust Act (DATA Act) in the House of Representatives.  The bill (H.R. 580), which has been introduced several times in previous years, would provide a nationwide data security standard, backed by FTC enforcement and civil penalties, as … Continue Reading

House Debates Federal Data Breach Legislation

This morning, the House Subcommittee on Commerce, Manufacturing, and Trade, chaired by Rep. Michael Burgess (R-TX), held a hearing to determine what elements should be included in federal data breach legislation.  Despite the momentum for legislation created by high-profile breaches at retailers like Target and Home Depot, and most recently at Sony, ongoing efforts in … Continue Reading

House Subcommittee to Hold Hearing and Begin Drafting Data Breach Bill

Tomorrow at 10:00 a.m., the House Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing to determine what elements should be included in federal data-breach legislation.  The following witnesses are scheduled to testify: Elizabeth Hyman, Tech America Executive Vice President of Public Policy Jennifer Glasgow, Acxiom Chief Privacy Officer Brian Dodge, Retail Industry Leaders Association … Continue Reading

California Attorney General’s Second Annual Data Breach Report Finds Dramatic Increase in Number of Data Breaches

By Randall Friedland California Attorney General Kamala D. Harris yesterday released the second annual California Data Breach Report.   The report provided statistics and analysis related to data breaches that were reported to the Attorney General’s office in 2013.  The report also outlined suggested best practices and provided recommendations on ways to improve data security. Statistics … Continue Reading

California Amends Data Breach Legislation

Continuing our coverage of the flurry of bills signed into law by California Governor Jerry Brown last week, we turn now to AB 1710, an amendment to California’s data breach legislation. The data breach amendment makes three notable changes to existing laws regarding personal information privacy: 1.  Requires Companies that Maintain Personal Information to Implement … Continue Reading

Internet of Things Poses a Number of Significant Data Protection Challenges, Say EU Watchdogs

The Article 29 Data Protection Working Party (“Working Party”), the independent European advisory body on data protection and privacy, comprised of representatives of the data protection authorities of each of the EU member states, the European Data Protection Supervisor (the “EDPS”) and the European Commission, has identified a number of significant data protection challenges related … Continue Reading

Senate Commerce Committee Discusses Data Breaches

On Wednesday, the Senate Commerce Committee held a hearing on “Protecting Personal Consumer Information from Cyber Attacks and Data Breaches.”  With recent high-profile breaches, and White House officials just this week telling industry executives that federal authorities notified more than 3,000 companies of cyber attacks last year, data security continues to attract the attention of … Continue Reading

Senate Commerce Committee To Examine Data Breaches and Cyber Attacks

Continuing a spate of recent legislative activity, the Senate Commerce Committee is bringing the hot topic of data breach back to the Hill.  This Wednesday, the Commerce Committee will hold a hearing entitled, “Protecting Personal Consumer Information from Cyber Attacks and Data Breaches.”  According to the Committee, recent data breaches at Target, Neiman Marcus, White … Continue Reading

A Conversation with State and Federal Privacy Regulators Turns to State Data Breach Enforcement

On Monday, the International Association of Privacy Professionals (IAPP) hosted a discussion that featured state and federal privacy regulators.  The panel included Maneesha Mithal, Associate Director for the Division of Privacy and Identity Theft at the Federal Trade Commission; Marty Jackley, Attorney General of South Dakota; and Bill Sorrell, Attorney General of Vermont.  The panel … Continue Reading

Comparison of Five Data-Breach Bills Currently Pending in the Senate

Data security continues to be a hot issue on Capitol Hill, and just yesterday Attorney General Eric Holder urged Congress to create a “strong, national standard” for quickly reporting data breaches to consumers.  Democratic and Republican senators have been busy drafting legislation that would establish national requirements for data security and breach notice.  The following … Continue Reading
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