Privacy Risk Report

Tag

cyberliability

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 →

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 →

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 →

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