Topic: Data breach

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Good news for employers, finally – the UK Supreme Court hands down judgment in WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents)

Steven Hadwin (UK)Marcus Evans (UK)Amanda Sanders (UK)By Steven Hadwin (UK), Marcus Evans (UK), Amanda Sanders (UK) and Janine Regan (UK) on Posted in Cybercrime, Cybersecurity, Data breach, Dispute resolution and litigation
Norton Rose Fulbright - Data Protection Report blogIn a judgment which will be warmly welcomed by employers (and their insurers) in the UK, the UK Supreme Court today overruled the Court of Appeal in holding that that Morrisons supermarkets is not vicariously liable for a data breach maliciously caused by a former employee.… Continue reading

Office of Privacy Commissioner Says It’s Status Quo on Consent Requirements for Data Processing Transfers

Ann Henderson (CA)Julie Himo (CA)John Cassell (CA)Alexis Kerr (CA)By Ann Henderson (CA), Julie Himo (CA), John Cassell (CA) and Alexis Kerr (CA) on Posted in Compliance and risk management, Data breach, General
On September 23, the Office of the Privacy Commissioner of Canada (OPC) announced, following consultation with stakeholders, that it will maintain the position set out in its 2009 guidelines that an organization’s transfer of personal information to a third party for processing, including a transfer across the Canadian border, is a “use” of that personal … Continue reading

Data protection and cyber risk issues in arbitration – dealing with regulation, cyber attacks and hacked evidence

Pierre Bienvenu (CA)Ben Grant (UK)By Pierre Bienvenu (CA) and Ben Grant (UK) on Posted in Cybercrime, Cybersecurity, Data breach, Dispute resolution and litigation, General
The GDPR has significantly altered the landscape of data protection. Its broad scope and potentially severe penalties have forced those who hold and process data to take note of its provisions. In certain instances, that will include many in the international arbitration community, such as arbitral institutions. In parallel, cyber attacks and instances of hacking … Continue reading

New CNIL €400,000 fine for data security breaches and non-compliance with data retention period under the GDPR

Nadège Martin (FR)Nilofar Moini Shabestari (FR)By Nadège Martin (FR) and Nilofar Moini Shabestari (FR) on Posted in Data breach, Enforcement
Data Protection Report - Norton Rose FulbrightFollowing the now famous €50m fine imposed on Google LLC in January 2019,[1] the French Data Protection Authority (the CNIL) published a decision taken on 28 May 2019[2] imposing a fine of €400,000 on SERGIC, a company specialised in real estate development, purchase, sale, rental and property management.… Continue reading

Nine States Pass New And Expanded Data Breach Notification Laws

Chris Cwalina (US)Jeewon Kim Serrato (US)Anna Rudawski (US)Alexis Wilpon (US)By Chris Cwalina (US), Jeewon Kim Serrato (US), Anna Rudawski (US) and Alexis Wilpon (US) on Posted in Data breach
Data Protection Report - Norton Rose FulbrightIn the absence of federal action, states have been actively passing new and expanded requirements for privacy and cybersecurity (see some examples here and here). While laws like the California Consumer Privacy Act (CCPA) are getting all the attention, many states are actively amending their breach notification laws. Illinois, Maine, Maryland, Massachusetts, New Jersey, New … Continue reading

NT Analyzer Blog Series: Why So Many Cookie Policies Are Broken, Part I – HTML5 LocalStorage

Steve Roosa (US)By Steve Roosa (US) on Posted in Compliance and risk management, Data breach, NT Analyzer Blog Series
NT Analyzer blog series, cookieCookies Are One Piece of a Larger Puzzle There has been an odd preoccupation with cookies for some time now—to the exclusion of other forms of browser tracking, some of which are much more flexible and more robust in their data collection capabilities than cookies.  Despite this fact, these other, non-cookie tracking technologies are often … Continue reading

OPC reconsiders its approach to cross-border data transfers with the Equifax decision

By Tony A. Morris (CA) on Posted in Compliance and risk management, Cybersecurity, Data breach
Data Protection Report - Norton Rose FulbrightIn a significant recent decision, the Office of the Privacy Commissioner of Canada (OPC) altered the regulatory landscape when moving personal information between affiliated companies and across Canada’s border for data processing or storage purposes. Any organization governed by the federal Personal Information Protection and Electronic Documents Act (PIPEDA) will have to re-evaluate and likely … Continue reading

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!

By 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

Spencer Persson (US)By 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
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