Privacy Risk Report

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privacy

No Harm, No Foul: Delaware Court Dismisses Privacy Case When Plaintiffs Cannot Show Harm

Over the last couple of years, alleged privacy violations of the Illinois Biometric Information Privacy Act (“BIPA”) have flooded Illinois courts. One unique aspect of the BIPA class action cases in Illinois is seen when plaintiffs do not have to… Continue Reading →

Hackers See Opportunity In Attacking Schools As They Teach Through A Pandemic

While this year has been an unpredictable year for all data collectors, it has been especially harsh for public and private schools. In addition to various obligations on all data collectors, schools hold sensitive information belonging to children that require more obligations. … Continue Reading →

The ABC’s Of Privacy Law: New Lawsuit Provides Glimpse Of Privacy Issues For “E-Learning” In Schools Under COPPA, BIPA And SOPPA

One bright spot in recent events has been to see our kids stay focused as students and to see teachers continue their great work while bunkered down from their homes. Nevertheless, it may be worthwhile to pause to think about… Continue Reading →

Where Do We Begin? Two Immediate Threats to Cyber Security During the Coronavirus Pandemic

Understandably, there has been a lot of information concerning the novel coronavirus and its impact on insurance, business and, of course, people.  However, there has not been much discussion on what happens if there is a cyber event over the… Continue Reading →

A Rock And A Hard Place: Recent Decision Addresses Competing Regulations For The Same Private Information

For a number of years, it has been clear that data collectors face a patchwork of privacy regulations that may give rise to contradictory obligations. A recent case involving the disclosure of private information of student loan borrowers provides one of… Continue Reading →

More Than Just A Confusing Law? Defendant Argues Illinois’ Biometric Law Is Unconstitutional

There is little dispute that the Illinois Biometric Information Protection Act (“BIPA”) is a unique privacy law to the extent that it creates a private cause of action for any failures to notify individuals before their biometric information is collected… Continue Reading →

Arbitrate Or Litigate: U.S. Supreme Court Decision Sheds Light On Consequences Of Lamp Seller’s Data Breach

It is a pivotal moment when the United States Supreme Court addresses data breach cases. There was a time when people said that cyber security would be like “Y2K” and any preparations for cyber issues would suffer the same embarrassing fate… 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 →

New ABA Formal Opinion Indicates Data Breach May Present Ethical Issue for Lawyers

On October 17, 2018, the American Bar Association published Formal Opinion (“F.O. 483) to directly address cyber security for lawyers. Specifically, F.O. 483 provides guidance on “attorney’s ethical obligations when a data breach exposes client confidential information.”  As an initial… Continue Reading →

Another Court Finds No Coverage Under CGL Insurance Policy for Data Breach

While some courts have found coverage for data breach claims under CGL policies, there should be little dispute that the best way to limit risk is to obtain a cyber policy rather than hoping for coverage under a CGL policy…. Continue Reading →

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