Privacy Risk Report

Tag

cyberliability

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 →

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 →

Law Firm Cyber Attack Is Involved In A “Series Of Mistaken Assumptions”

On June 27, 2017, the law firm DLA Piper (“law firm”) found itself to be one of many of targets of a recent global cyber attack. The attack reportedly did not compromise any client data.  Reports indicate that, even though email… 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 →

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 →

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 →

Take This Job And Shove It—Oh, But First Can I Get My Family Pictures and iTunes Off My Work Phone?

Technology in the workplace has developed to a point where we now have our personal data and our employer’s data commingled on the same devices.  We may now see employees using work phones to store personal numbers and family pictures… Continue Reading →

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