Privacy Risk Report

Ironing Out The Wrinkles In Data Legislation: A Case Study

There should be little dispute that the current patchwork of foreign, federal, state and industry cybersecurity regulations need to be harmonized in order to protect data. While these varying laws and proposed laws can be dizzying even for large corporations, it is… Continue Reading →

One-Size Does Not Fit All: Court Finds Not Every Crime Involving A Computer Is A Cyber Crime

Over the years there have been questions whether the term “cyber” is adequate in light of the exponential growth of privacy law.  First, the term “cyber” tried to do too much when it was used to describe everything from large-scale… Continue Reading →

A Tale Of Two Worlds: 2017 Shows Us That Small Data Collectors May Have Advantages Over Large Data Collectors

Barring a major development in the final weeks of this year, we appear to be ready to close the books on privacy/cyber law for 2017.  Of course, with two weeks left in 2017, there is still time for last-minute data… Continue Reading →

Claims Against Uber In New Lawsuit Show The Potential For Liability Beyond Not Protecting Data

Uber’s technology and business plan has consistently presented a number of interesting privacy issues.   Another interesting privacy issue involving Uber came to light on November 28, 2017 when the City of Chicago and Illinois (“plaintiffs”) filed their Complaint in a… Continue Reading →

Court Refuses To “Bail Out” Data Breach Plaintiffs By Dismissing Bailment Claim

At this point in the development of data breach litigation, it is clear that plaintiffs may be on a sinking ship when they try to establish liability and damages against defendants. In order to meet their burden, a plaintiff must show they… Continue Reading →

It May Be Time To Admit That Criminals Will Outpace Privacy Laws

Cyber criminals’ entire business model is based on developing threats faster than the public can develop safeguards.  Privacy laws are fast becoming the first place data collectors look for guidance when they have suffered a cyber attack.  Unfortunately, the legislatures… Continue Reading →

Even Though Court Finds No Liability For Monitoring Customers, New Products Show Technology Presents Many Thorny Issues

Last week, toymaker Mattel announced that it was not moving forward with its Aristotle product, which has been described as a “kid-focused smart hub.” The device was an artificial intelligence babysitter that could “switch on a night light to soothe a crying baby… Continue Reading →

The Line Between Obligations To Disclose Information And Obligations To Protect Private Information

For many years, governmental bodies and some commercial companies have had a responsibility to provide information conveniently to the public.  Specifically, under Open Records Acts, Freedom of Information Action requests and other similar requirements, many governmental bodies have to provide… Continue Reading →

Responses To Large-Scale Breaches, Such As Equifax, May Need To Be Analyzed In “Phases” By Data Collectors

The best strategy for data collectors to prepare a breach response plan may be to look at what others did right and wrong in response to a cyber incident.  After reviewing a number of responses to large-scale data breaches, it… Continue Reading →

New NIST Standards Allow Courts And Legislatures To Learn The Language Of Data

As courts and legislatures around the country struggle with issues related to data breaches, cyber, technology and privacy, they are finding a lack of standards to guide them through their struggles. Of course, a court may struggle to determine whether a duty… Continue Reading →

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