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 →
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 →
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 →
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 →
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 →
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 →
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 →
Tax season is quickly becoming peak season for cyber and data incidents. As seen during every recent tax season, last January the IRS issued warnings about fraudulent inducement scams where a corporate officer’s name is used to fraudulently request employee… Continue Reading →
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 →
Cyber criminals’ entire business model is based on developing threats faster than the public can develop safeguards. Privacy laws are fast becoming the first place data collectors look for guidance when they have suffered a cyber attack. Unfortunately, the legislatures… Continue Reading →
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