Privacy Risk Report

Tag

cyber

Industry Cyber Regulations Fill The Gaps Left By Federal And State Law

While the United States may not have data protections in place that are as extensive as those seen the European Union’s adoption of GDPR, there is still a comprehensive framework of state and federal regulations in place to protect personal… 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 →

Tesla Lawsuit Demonstrates Need To Take Closer Look At “Disruptive” Employees

A recent lawsuit filed by Tesla, Inc. provides a reminder of the potential threat caused by employees and other insiders to data collectors’ security. While there is a balance between proper security and creating a pleasant work environment for employees,… Continue Reading →

No Breach Required: Illinois Court Finds Providing Biometric Data To Vendor Without Proper Consent May Give Rise To Injury

Over the last few years, we have seen a number of common themes and concepts run through privacy cases and legislation.  We have seen plaintiffs struggle with surviving motions to dismiss because they failed to properly allege an injury.  Likewise, we have… Continue Reading →

Here It Is: The Decision That Tells Data Collectors Exactly What They Should Have Known Before They Had A Breach

The March 26, 2018 decision in Hopper v. Schletter Inc., 17-cv-01, 2018 WL 1472485 (W.D. North Carolina 2018) leaves no question that courts are now prepared to hold employers liable if they disclose their employees’ information by mistake. And, if… Continue Reading →

Illinois Class Action Suit Highlights Issues When An Employer Allegedly Breaches Employee Data

A class action entitled Wade v. ABM Indus. Inc., 2018 CH 3855 was initiated last week against ABM Industries (“ABM”) in Illinois based on allegations that ABM recently breached its employee’s Personal Information.  In summary, the class action plaintiff claims… Continue Reading →

Court Finds Virtual Currencies Are “Commodities” Subject To Existing Laws

Unfortunately, the law governing cyber security and privacy issues has not kept pace with the technology giving rise to these issues.   However, a recent decision applying existing law to Bitcoin and other virtual currencies provides insight on how we may… Continue Reading →

Ironing Out The Wrinkles In Data Legislation: A Case Study

There should be little dispute that the current patchwork of foreign, federal, state and industry cybersecurity regulations need to be harmonized in order to protect data. While these varying laws and proposed laws can be dizzying even for large corporations, it is… 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 →

A Tale Of Two Worlds: 2017 Shows Us That Small Data Collectors May Have Advantages Over Large Data Collectors

Barring a major development in the final weeks of this year, we appear to be ready to close the books on privacy/cyber law for 2017.  Of course, with two weeks left in 2017, there is still time for last-minute data… Continue Reading →

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