Tag Archives: Data Security

District Court Dismisses Multiple Counts in FTC’s Complaint Against D-Link

On September 19, 2017, the U.S. District Court for the Northern District of California dismissed three of the six counts in the Federal Trade Commission’s (“FTC’s”) January 2017 complaint against D-Link Systems, Inc., allowing the FTC until October 20, 2017 to amend its complaint. The FTC’s complaint alleged that D-Link engaged in unfair and deceptive … Continue Reading

EU Announces Major New Cybersecurity Plans

Last week, in his annual State of the European Union Address, the President of the European Commission Jean-Claude Juncker called out cybersecurity as a key priority for the European Union in the year ahead.  In terms of ranking priorities, President Juncker placed tackling cyber threats just one place below the EU leading the fight against … Continue Reading

UK Government Proposes Cybersecurity Law with Serious Fines

Earlier this month, the UK Government published a consultation on plans to implement the EU Directive on security of network and information systems (the “NIS Directive”, otherwise known as the Cybersecurity Directive).  The consultation includes a proposal to fine firms that fail to implement “appropriate and proportionate security measures” up to EUR 20 million or … Continue Reading

Delaware Amends Data Breach Notification Law to Require Credit Monitoring, Attorney General Notification

Delaware Gov. John Carney has signed into law a bill that will impose more stringent obligations for notifying affected Delaware residents in the event of a data breach, in addition to establishing requirements for Delaware businesses to maintain “reasonable” data security practices.  In addition to expanding the types of information that would require notification of … Continue Reading

A Summary of the Recently Introduced “Internet of Things (IoT) Cybersecurity Improvement Act of 2017”

On August 1, 2017, a bipartisan group of Senators introduced legislation (fact sheet) that would establish minimum cybersecurity standards for Internet of Things (“IoT”) devices sold to the U.S. Government.  As Internet-connected devices become increasingly ubiquitous and susceptible to evolving and complex cyber threats, the proposed bill attempts to safeguard the security of executive agencies’ … Continue Reading

Department of Justice Releases Guidance for Vulnerability Disclosure Programs

Last week, the U.S. Department of Justice (“DOJ”) released a voluntary framework for organizations to use in the development of a formal program to receive reports of network, software, and system vulnerabilities, and to disclose vulnerabilities identified in other organizations’ environments.  This framework provides private entities a series of steps to establish a formal program … Continue Reading

FTC Announces “Stick With Security” Initiative

The FTC announced today a new “Stick With Security” Initiative, building on its prior “Start With Security” guide as “part of its ongoing efforts to help businesses ensure that they are taking reasonable steps to protect and secure consumer data.”  Stick With Security constitutes a series of blog posts published each Friday using “hypothetical examples … Continue Reading

European Cloud in Health Advisory Council Calls For Review of eHealth Rules and Ethics of Medical Data Re-Use

In a new post on the Covington Digital Health blog, our colleagues discuss a new European Cloud in Health Advisory Council whitepaper calling for a review of European healthcare data protection rules holding back greater adoption of cloud computing and AI; and for more discussion about the ethics and governance of re-use of patient data for research and planning.  To read … Continue Reading

White House Issues New Cybersecurity EO

On May 11, 2017, President Trump signed an Executive Order titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” (the “Order”).  The long-anticipated directive was issued months after the White House originally planned to release a cybersecurity order in February.  Since then, revised drafts of the order were circulated, including a version from February … Continue Reading

Federal Trade Commission Plans to Clarify its Data Security Standard

The Federal Trade Commission (FTC) has announced that it is launching a new initiative to improve data security guidance and transparency as part of a broader plan to implement process reform initiatives.  In an interview with Politico Pro (subscription required) last week, the new acting director of the FTC’s Bureau of Consumer Protection, Thomas Pahl, … Continue Reading

New Mexico Becomes 48th State with Data Breach Notification Law; Tennessee Restores Exemption for Encrypted Data

Last week, New Mexico and Tennessee both passed legislation updating each state’s requirements for notifying residents following a data breach.  New Mexico’s new law, H.B. 15, makes it the 48th U.S. state to enact a state data breach notification law, leaving Alabama and South Dakota as the only states that have not enacted similar laws.  … Continue Reading

Release of Cybersecurity EO May Have Notable Impact in Communications, Energy, and Defense Industrial Base Critical Infrastructure Sectors

The Trump Administration appears likely to release an Executive Order on Cybersecurity.  The most recent draft suggests this Executive Order may have notable impact in the Communications, Energy, and Defense Industrial Base sectors.  However, it remains unclear if and when the current draft will be signed. President Trump originally was scheduled to sign an Executive … Continue Reading

FTC Comments on NTIA’s Cybersecurity Vulnerability Disclosure Template

The FTC released public comments yesterday on the National Telecommunications and Information Administration’s (NTIA) draft “Early Stage” Coordinated Vulnerability Disclosure Template released in December 2016.  The draft template was released by the NTIA Safety Working Group as part of a multistakeholder process that convened security researchers and software and system developers and owners to address … Continue Reading

Updated OMB Breach Response Policy Includes Required Breach-Related Provisions for Federal Agency Contracts

Last week, the Office of Management and Budget issued an updated breach response policy for federal agencies, replacing a policy last updated in 2007.  The policy, set forth in memorandum M-17-12, provides minimum standards for federal agencies in preparing for and responding to breaches of personally identifiable information (PII).   In addition to setting forth requirements … Continue Reading

Reports Suggest New York DFS to Revise Proposed Cyber Regulations and Delay Implementation

Based on reports citing New York Department of Financial Services (“DFS”) sources (see here and here), DFS may propose a revised version of its first-in-the-nation cybersecurity regulations on December 28, 2016.  That revision would be followed by a new 30-day comment period, with the revised regulations scheduled to take effect on March 1, 2017. This … Continue Reading

Industry Reacts to New York’s Proposed Cybersecurity Regulation for Financial Services Institutions

On December 19, 2016, the New York State Assembly Standing Committee on Banks heard testimony about a proposed regulation introduced by the New York State Department of Financial Services that would require financial services companies to develop and implement cybersecurity programs to defend against cyber-attacks.  As we covered when Governor Andrew Cuomo announced this first-in-the-nation … Continue Reading

Ashley Madison Settles Data Security and Deception Charges

The FTC announced today that it has reached a settlement with the operators of AshleyMadison.com (Ashley Madison) for alleged data security deficiencies and deceptive trade practices.  According to the FTC, Ashley Madison, a dating website for married individuals, was hacked in July 2015, leading to the release of 36 million users’ account and profile information.  … 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

Appellate Court Stays Enforcement of FTC’s LabMD Order

In an order released last week, the Eleventh Circuit temporarily delayed enforcement of the Federal Trade Commission’s (FTC) order in the LabMD case.  As we reported earlier, the FTC ruled in July that LabMD’s data security practices violated the FTC Act, clarifying and expanding upon the FTC’s authority to regulate corporate data security practices.  After … 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

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

G-7 Publishes Fundamental Elements of Cybersecurity for the Financial Sector

On October 11, 2016, the finance ministers and central bank governors of the Group of 7 (G-7) countries announced the publication of the Fundamental Elements of Cybersecurity for the Financial Sector, a non-binding guidance document for financial sector entities.  The publication  describes eight fundamental “elements” of effective cybersecurity risk management to guide public and private … Continue Reading
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