Privacy Risk Report

Tag

cyber liability

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 →

Class Action Lawsuit Asks Whether Free Apps Were “Goofy” When They Collected Children’s Data

Toymakers have recently received more than their share of scrutiny concerning the collection, storage and breaches of data belonging to children.  Cases involving this data move past questions of whether a data breach was avoidable and, instead, ask whether certain data… Continue Reading →

2015 Data Breach At Toy Manufacturer VTech Continues To Provide Insight In 2017

On December 1, 2015, VTech Holdings Ltd., a manufacturer of digital toys and telephones, reported that it suffered a data breach on November 14, 2015.  VTech’s “smart toys” breached the personal information of at least 6.4 million children in addition to the… Continue Reading →

P.F. Chang’s Leftovers: District Court Refuses To Address Motion To Dismiss Again After Seventh Circuit Finds Plaintiffs Have Standing In Data Breach Case

The threshold question in data breach lawsuits has been whether a litigant has “standing” to bring a cause of action against the party that allegedly caused a breach. This hurdle for litigants rises out of Article III of the Constitution that… Continue Reading →

Rowe In Advisen: The WikiLeak’s Data Dump Cannot Be Undervalued By The Insurance Industry

This article originally appeared in Advisen’s Front Page News, Cyber Edition, on March 16, 2017. Over the last few months, there have been a number of news stories concerning allegations that the Russians may have hacked US political parties and… Continue Reading →

Face It, We Are Going To See A Lot Of The Illinois’ Biometric Information Protection Act In Courts

Over the last few weeks, the Illinois Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.) has presented a number of unique questions for courts.  On February 14, 2017, we addressed Vigil v. Take-Two Interactive Software, Inc., where the U.S. District Court… Continue Reading →

Class Action Suit Filed by Credit Union over Arby’s Data Breach

On February 10, 2017, Midwest America Federal Credit Union (Midwest America) filed a class action complaint in the U.S. District Court for the Northern District of Georgia against Arby’s Restaurant Group, Inc. Midwest America’s complaint alleges that defendants failed to… Continue Reading →

Use of Biometric Data Enters the Courts

The Privacy Risk Report has previously reported on the necessity to safeguard personal information such as names, addresses, social security numbers and credit card information to avoid risk resulting from data breaches. The latest trend we are seeing now involves… Continue Reading →

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