Topic: Data breach

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Pennsylvania Supreme Court holds common law duty for employers extends to protecting sensitive employee information

Andrea D'Ambra (US)Max Kellogg (US)By Andrea D'Ambra (US) and Max Kellogg (US) on Posted in Compliance and risk management, Data breach, General, Regulatory response
Data Protection Report - Norton Rose FulbrightOn November 21, 2018, the Pennsylvania Supreme Court broke new ground by holding that employers have a legal duty to take reasonable care to safeguard its employees’ sensitive personal information from cyberattacks. … Continue reading

EDPB clarifies territorial scope of the GDPR

Marcus Evans (UK)Anna Rudawski (US)By Marcus Evans (UK) and Anna Rudawski (US) on Posted in Compliance and risk management, Data breach, Regulatory response
Norton Rose Fulbright - Data Protection Report blogOn November 23, 2018, the European Data Protection Board (“EDPB”) issued highly anticipated draft Guidelines (the “Guidelines”) on the territorial scope of the GDPR. See our previous blog posts on the GDPR here and here. The Guidelines provide some clarity around the scope and applicability of the GDPR to data Controllers and Processors both inside … Continue reading

New China Guideline for Internet Personal Information Security Protection

Barbara Li (CN)Bohua Yao (CN)By Barbara Li (CN) and Bohua Yao (CN) on Posted in Compliance and risk management, Data breach, Regulatory response
On November 30, 2018 the Cyber Security Protection Bureau, under the auspices of the PRC Ministry of Public Security (the “MPS”), issued a draft Guideline for Internet Personal Information Security Protection (the “Guideline”) along with a request for public comments.… Continue reading

Vicarious liability in the data breach context – bad news for UK employers?

Steven Hadwin (UK)Mya Joel (UK)Marcus Evans (UK)Catrina Smith (UK)Amanda Sanders (UK)By Steven Hadwin (UK), Mya Joel (UK), Marcus Evans (UK), Catrina Smith (UK) and Amanda Sanders (UK) on Posted in Data breach
Data Protection Report - Norton Rose FulbrightThe Court of Appeal has upheld a decision of the High Court  holding that an employer can be vicariously liable for data breaches caused by the actions of an employee, even where the employee’s actions were specifically intended to harm the employer. This decision is significant as it means a company can be held liable … Continue reading

If you don’t know why November 1 is a big day in Canada, read this!

Ryan Berger (CA)By Ryan Berger (CA) on Posted in Compliance and risk management, Data breach
Like many organizations in Canada, yours is probably not fully prepared for the mandatory breach reporting requirements coming into force under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) November 1, 2018. Here are three measures your organization ought to take in preparation for mandatory breach reporting: 1. Implement internal breach reporting and … Continue reading

Lloyd v Google – putting the brakes on English data breach litigation?

Steven Hadwin (UK)Ffion Flockhart (UK)Jonathan Ball (UK)Marcus Evans (UK)Charlie Weston-Simons (UK)Rahul Mansigani (UK)By Steven Hadwin (UK), Ffion Flockhart (UK), Jonathan Ball (UK), Marcus Evans (UK), Charlie Weston-Simons (UK) and Rahul Mansigani (UK) on Posted in Data breach, Dispute resolution and litigation
Norton Rose Fulbright - Data Protection Report blogA judgment handed down today by the English High Court will be welcomed by UK data controllers. Lloyd v Google [2018] EWHC 2599 represents a corollary to recent case law expanding the circumstances in which litigation may be brought in relation to breaches of data protection legislation. Most notably, the case: reinforces the need for … Continue reading

FERC issues notice of proposed rulemaking to extend reporting requirements for cyberattacks targeting the energy sector

Susan Ross (US)Alexis Wilpon (US)By Susan Ross (US) and Alexis Wilpon (US) on Posted in Compliance and risk management, cybercrime, Data breach
Data Protection Report - Norton Rose FulbrightOn July 23 and 25, 2018, the U.S. Department of Homeland Security (DHS) held public briefings about an attempt by a state-sponsored Russian hacking group to target control systems for U.S. electrical grids and power plants. DHS’ webinar explained that the hackers obtained access to vendors providing computer services to electric utilities companies. This initial … Continue reading

Ninth Circuit further entrenches circuit split over standing in data breach cases

Sarah MosesSpencer Persson (US)By Sarah Moses and Spencer Persson (US) on Posted in Data breach, Dispute resolution and litigation
Norton Rose Fulbright - Data Protection Report blogOn March 8, 2018, the Ninth Circuit issued its highly anticipated decision in In re Zappos.com, Inc., finding that allegations of future risk of identity theft from a data breach are sufficient to confer standing. This decision fuels an ongoing circuit split, pitting the D.C., Sixth, Seventh and now Ninth Circuits against the Second, Fourth, … Continue reading

Singapore PDPC responds to feedback on public consultation on approaches to managing personal data

Stella Cramer (SG)Wilson Ang (SG)Jessica Paulin (SG)David Olds (SG)Jeremy Lua (SG)By Stella Cramer (SG), Wilson Ang (SG), Jessica Paulin (SG), David Olds (SG) and Jeremy Lua (SG) on Posted in Compliance and risk management, Data breach, Regulatory response
Data Protection Report - Norton Rose FulbrightOn 1 February 2018, Singapore Personal Data Protection Commission (PDPC) released its response to feedback on its public consultation on approaches to managing personal data in the digital economy, which took place in Q3 2017 (the Public Consultation). The purpose of  the Public Consultation, was to seek public feedback on proposed changes to Singapore’s data … Continue reading

Singapore proposes changes to cybersecurity and data protection regimes

Stella Cramer (SG)Wilson Ang (SG)Magdalene LieJeremy Lua (SG)By Stella Cramer (SG), Wilson Ang (SG), Magdalene Lie and Jeremy Lua (SG) on Posted in cybercrime, Data breach
Data Protection Report - Norton Rose FulbrightIn a bid to keep pace with advancements in the technological landscape, the Singapore Government has in recent months embarked on public consultations on its draft Cybersecurity Bill (the Cyber Bill) and its proposed amendments to Singapore’s Personal Data Protection Act (PDPA) to update the country’s data protection regime. These changes will have a significant … Continue reading

Draft mandatory data breach reporting regulations released for comment in Canada

Ryan Berger (CA)John Cassell (CA)Caroline Deschênes (CA)Sharissa EllynBy Ryan Berger (CA), John Cassell (CA), Caroline Deschênes (CA) and Sharissa Ellyn on Posted in Data breach
Data Protection Report - Norton Rose FulbrightOn September 2, 2017, the Government of Canada published proposed new regulations in the Canada Gazette, which set out specifics regarding the mandatory data breach reporting requirements under the Personal Information Protection and Electronic Documents Act. The PIPEDA Amendments were passed in June, 2015 but are not yet in force.… Continue reading

“But the emails” – companies’ SEC filings reflect ransomware risks

Anna Rudawski (US)By Anna Rudawski (US) on Posted in Compliance and risk management, Data breach
Data Protection Report - Norton Rose FulbrightThe Equifax breach will likely devour the entire breach news cycle in the near term, given the size of the incident and that it gets to the essence of the company’s business of maintaining some of the most sensitive consumer information. Still, in what for the moment might seem like a more pedestrian risk, companies … Continue reading

Delaware amends data breach notification law

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Data breach
Norton Rose Fulbright - Data Protection Report blogEarlier this month, Delaware revamped its data breach notification law, with changes to go into effect April 14, 2018.  Most notably, the new law requires any entity that has suffered a data breach that includes social security numbers to provide free credit monitoring services to affected residents for one year. The entity must provide all … Continue reading

Target Resolves State Attorney Generals’ Investigation

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Data breach, Regulatory response
Data Protection Report - Norton Rose FulbrightOn May 23, 2017, it was announced that Target Corporation had settled the investigation initiated by the Attorneys General[1] of 47 states and the District of Columbia resulting from its 2013 data security incident.  Besides the $18.5 million being paid (the largest State AG data breach settlement amount to date), it is the promised remedial … Continue reading

Singapore legal update: Firm warned for WhatsApp personal data disclosure

Gigi Cheah (SG)Magdalene LieBy Gigi Cheah (SG) and Magdalene Lie on Posted in cybercrime, Data breach, General
Singapore’s Personal Data Protection Commission has on 21 March 2017 issued a warning to a local firm for disclosing a former employee’s personal information in a company WhatsApp group. A director at the firm, Executive Coach International, had shared highly sensitive information about the former employee with 58 members of a chat group comprising staff … Continue reading

Pa. Appellate Court: Employer Owes No Duty of Care to Protect Employee Data Against Breach

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Data breach, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightThe Superior Court of Pennsylvania last month dismissed a class action lawsuit, Dittman v. UPMC, brought by employees of the University of Pittsburgh Medical Center (“UPMC”) for a 2014 data breach.  The breach impacted nearly 62,000 UPMC employees and resulted in at least 788 fraudulent tax filings. The court held that UPMC had no duty to … Continue reading

Cloudbleed Bug Impacts Large Swath of the Internet

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Compliance and risk management, Data breach
Data Protection Report - Norton Rose FulbrightCloudflare, which operates a widely used web content delivery network, announced a security bug on February 23 that caused sensitive data to leak from its customers’ websites.  The exact number of websites potentially affected is unknown but some estimates place the total in excess of 5 million. The Google security researcher who discovered the bug – … Continue reading

Settlement of Target Data Breach Consumer Class Action Is Derailed On Appeal

Matthew Spohn (US)By Matthew Spohn (US) on Posted in Data breach, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightThe Eighth Circuit Court of Appeals last week reversed the district court’s approval of a settlement and settlement class in the consolidated consumer class action arising from Target Corporation’s 2013 security incident.  This decision provided a new perspective on a persistent dilemma in the evolving law of data breaches:  how to handle data breach victims … Continue reading
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