Privacy Risk Report

Tag

cyber

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 →

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 →

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 →

Square Pegs: Recent Case Shows Problems With Fitting Cyber Liability Claims Into Law That Is “A Bit Dated”

Many litigants are struggling with how to fit the “square peg” of cyber security claims into the “round hole” of law that may have been around for a number of decades.  One recent example was seen on June 27, 2017, when… Continue Reading →

Through Thick And Thin: Anthem Breach Shows Lasting Commitment For Data Breach Cases

There should be little question that data breach litigation will continue to present unique issues for courts.  However, we are also starting to see a trend showing settlements in data breach litigation may present novel issues.  For example, the documents publicly available related… Continue Reading →

Schnucks Market Decision Discounts Argument That Breach Notification Law Gives Rise To Private Cause Of Action

The litigation arising out of the data breach at Schnuck’s Markets (“Schnuck’s) occurring from December of 2012 through March of 2013 is still providing us with insight as to how courts may treat data breach claims.  The latest development related to this… Continue Reading →

Neiman Marcus Case Settles After Years Of Haggling Over Price Of Data Breach Cases

Last week, the parties in Remijas v. Neiman Marcus, Case No. 14-cv-1735, a class action lawsuit related to a data breach at retailer Neiman Marcus was settled in the Northern District of Illinois.  The Seventh Circuit’s reversal of the District… 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 →

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 →

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