Privacy Risk Report

Tag

cyber liability

Recent Case Sheds Light on What Courts May Find Makes Security Measures Reasonable

A number of states have recently imposed duties for data collectors to safely store information. For example, Illinois data collectors are now required to “implement and maintain reasonable security measures” to protect data (815 ILCS 530/45). Unfortunately, data collectors have not received guidance… Continue Reading →

First Class Hack: Researcher Claims Airplane In-Flight Entertainment Systems Give Path to Flight Controls

To overcome his anxiety with flying, IOActive’s researcher/author, Ruben Santamarta, began “spending some flights hacking stuff.” In his December 20, 2016 blog post, “In Flight Hacking Systems,” Santamarta describes how he  tried to gain a better understanding of the In-Flight Entertainment… Continue Reading →

A Safe Prediction for 2017: Cyber Security Laws Will Change on January 1, 2017

As 2016 draws to a close, predictions for 2017 regarding cyber security have already been made (some are discussed below). However, the Privacy Risk Report will take a safer route and predict, even guarantee, that there will definitely be changes… Continue Reading →

Fallout From Home Depot Breach Continues to Cause Concern for Corporate Officers

High profile data breaches are inevitably followed by a flurry of lawsuits, including derivative lawsuits filed by those companies’ shareholders. However, derivative suits have not found success and are frequently dismissed at the early stages of the lawsuit. Earlier this… Continue Reading →

Failure to Redact Personal Information from Court Document Does Not Result in Private Cause of Action

In August 2015, Privacy Risk Report published a post regarding Target sealing its documents associated to the massive 2013 data breach in order to protect itself from hackers. Target contended that if documents related to its data breach litigation were filed… Continue Reading →

Understanding Issues Related to “Standing” in Data Breach Litigation Provides Insight to Insurers

Whether a litigant has “standing” to bring a lawsuit has been a threshold question in data breach cases for a number of years. The basic criteria addressing this is found in Article III of the Constitution which limits the jurisdiction of… Continue Reading →

Expert Witness Testimony Must Be Accounted for While Valuing Damages in Cyber Cases

Although cyber litigation is still evolving, there has been little opportunity to consider the value of expert witnesses and consultants in these cases. However, as we begin to see more claims and litigation, there will be no question that expert… Continue Reading →

Shareholders’ Derivative Suit Misses Target, Still Offers Warning to Directors & Officers

On July 7, 2016, Judge Paul Magnuson of the United States District Court for the District of Minnesota granted several motions to dismiss by Target directors and officers seeking dismissal of derivative suits filed by various Target shareholders. The derivative… Continue Reading →

Pokémon Go Provides Opportunity for Insurers to Start Considering New Technology

At the height of the Internet of Things, a new technology craze has thrown the insurance industry for another loop as “augmented reality” takes hold. On July 6, 2016, Pokémon Go, an interactive app-based game, is on pace to have… Continue Reading →

Nothing to See Here: Underreporting Cyber Security Incidents Impacts Cyber Insurance

Data indicates that large-scale data breaches in 2015 alone resulted in the exposure of approximately 429 million personal records. However, these estimates are too low because many data breaches are not reported. In fact, the “real number” of exposed personal… Continue Reading →

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