Privacy Risk Report

Tag

cyber security

New Decision Provides Reminder Of Privacy Law Before The Pandemic

Over the last few months, cyber security issues may have taken a backseat to health and economic issues. Thankfully, there has not been a major cyber incident during the coronavirus pandemic. To pick up where we were before the pandemic, we… Continue Reading →

Can We Talk?  “Discussion Draft” of U.S. Privacy Protection Bill Sheds Light on the Future of American Privacy Law

Many governments are following the European Union’s lead with GDPR by enacting privacy laws that place significant burdens on data collectors.  For example, on November 1, 2018, Canada enacted a new privacy law that makes companies responsible for any losses caused… Continue Reading →

Uber Claims Municipal Cyber Security Regulations Run Over State Attorney General’s Authority

Data collectors have been struggling with the fact that they may be storing data that is subject to various local, state, and federal laws and regulations. Not to mention the fact that data collectors will soon need to also make sure… 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 →

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 →

Data Breach Litigation Presents Novel Questions Concerning Federal Civil Procedure

The Federal Rules of Civil Procedure allow a defendant to remove an action from state court to federal court as long as the federal court would have subject matter jurisdiction over the litigation in the first place. A federal court… 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 →

Illinois Court Struggles With Biometric Information Stored On The “Cloud”

Last week, we analyzed Rivera v. Google Inc., 16 C 02714 (N.D. Ill 2016), a decision by the District Court for the Northern District of Illinois which examined the Illinois Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.)…. Continue Reading →

Emerging Privacy Issues In Discovery Of Social Media

By Danita L. Davis Sudac Individuals’ willingness to share detailed accounts of their lives on social media sites, such as Facebook, has created an unparalleled source of evidence for lawyers seeking discovery.   There is little question that social media evidence… Continue Reading →

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