Delaware

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 affected individuals if breached, the amendments will also require an entity to provide credit monitoring services if the breach involves Social Security numbers.  Once the bill enters into force, entities will also have to notify the Delaware Attorney General if a breach affects more than 500 Delaware residents.  The amendments will enter into force on approximately April 14, 2018.
Continue Reading Delaware Amends Data Breach Notification Law to Require Credit Monitoring, Attorney General Notification

State legislators have recently passed a number of bills that impose new data security and privacy requirements on companies nationwide. The laws include new data breach notification requirements, marketing restrictions, and data destruction rules. Below is an overview of the new laws and amendments that will go into effect on January 1, 2015.
Continue Reading New State Privacy Laws Go Into Effect on Jan. 1, 2015

By Katherine Gasztonyi

Last week, Judge Robinson of the District of Delaware dismissed a multi-district lawsuit claiming that Google, Vibrant Media, Media Innovation Group, and WPP violated federal privacy and computer security laws by allegedly circumventing browser privacy settings in order to track users online.

This lawsuit stems from a February 17, 2012, Wall Street Journal article describing these companies’ use of a loophole in Safari’s privacy settings to set third-party tracking cookies even where the browser had been configured to block such cookies.  Lawsuits alleging violations of the federal Wiretap Act, Stored Communications Act, and Computer Fraud and Abuse Act (as well as various state laws) were filed in courts across the country, and ultimately were consolidated before Judge Robinson in Delaware.

Judge Robinson granted the defendants’ motions to dismiss all of the plaintiffs’ claims on the grounds that the plaintiffs had not adequately alleged standing to sue in federal court and, in any event, had failed to state a claim for relief under any of the statutes invoked in their complaint.Continue Reading Court Tosses Claims Against Google and Others Based on Safari Hack

California is the latest state to enact legislation restricting the circumstances under which employers or schools can demand access to employees’ or students’ personal social media accounts.

California Gov. Jerry Brown signed two bills into law on Sept. 27.  The first, A.B. 1844, bars employers from requiring or requesting that employees or job applicants disclose personal social media usernames or passwords, access personal social media accounts in the employer’s presence, or otherwise “[d]ivulge any personal social media.” Employers are barred from firing or otherwise retaliating against anyone who refuses to comply with a request that is prohibited under the law. Employers may require employees to disclose information needed to access employer-issued devices and may request access to personal social media the employer reasonably believes is relevant to a misconduct investigation.

S.B. 1349 creates parallel protections for students, prospective students and student groups at public and private colleges and universities.Continue Reading New California Laws Restrict Employer, College Access to Personal Social-Media Content