Topic: Data breach

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

By 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

EU Data Package Highlights Connections between Data Protection and the Digital Single Market

Jay Modrall (BE)By Jay Modrall (BE) on Posted in Data breach, General, Regulatory response
Data Protection Report - Norton Rose FulbrightOn January 10, 2017, the EU Commission published a package of documents on the EU’s data economy strategy, including e-privacy, data protection and the “European Data Economy.” The Commission documents,  published in the context of the Commission’s digital single market (“DSM”) initiative announced in May 2015, illustrate again the strong links between the EU’s digital … Continue reading

What Merchants and Service Providers Need to Know about PCI DSS Version 3.2

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Compliance and risk management, Data breach, Vendor management and transactions
Data Protection Report - Norton Rose FulbrightOn November 1, 2016, the Payment Card Industry (“PCI”) Security Standards Council’s newest set of Data Security Standards (“DSS”) went into effect.  Announced earlier this year, PCI DSS Version 3.2 has made a variety of changes applicable to both merchants that accept payment cards as well as “Service Providers,” which are defined as third-party entities … Continue reading

Skimming Case Highlights Difference Between Having Standing and Stating a Cause of Action

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Data breach, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightThe U.S. District Court for the Northern District of Illinois dismissed a putative class action against Barnes & Noble last week based on an incident in 2012 in which criminals tampered with payment card PIN pad terminals to steal customer payment card information from retail stores in nine states. The court’s decision highlights an important … Continue reading

Recent Case Highlights The Dangers Of Consequential Damage Waivers in IT Contracts

By on Posted in Data breach, Dispute resolution and litigation, Vendor management and transactions
Data Protection Report - Norton Rose FulbrightThe U.S. Court of Appeals for the Eleventh Circuit—one of the highest federal courts below the Supreme Court—recently affirmed a decision in Silverpop Systems, Inc. v. Leading Market Technologies, Inc. finding that all damages flowing from a vendor’s data breach were barred by a standard provision in IT service contracts, disclaiming all liability for consequential … Continue reading

Sixth Circuit: Suit Challenging Data Breach Caused by Hacking May Proceed

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Data breach, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightThe U.S. Court of Appeals for the Sixth Circuit concluded that certain allegations of harm after a data breach caused by hacking are sufficiently concrete to confer Article III standing. This case may make it more difficult for companies defending data breach suits to quickly obtain dismissal of plaintiffs’ claims.… Continue reading

Australian mandatory data breach notification on the agenda again

By on Posted in Data breach, Regulatory response
Data Protection Report - Norton Rose FulbrightThe Australian Federal Parliament commenced sitting on August 30, 2016, and the long-proposed mandatory data breach notification legislation is again on the newly-elected Coalition Government’s agenda. Currently, the Australian Privacy Act 1988 (Cth) does not require an organisation or agency to notify an individual of a data breach involving their personal information, but this looks … Continue reading

Your Money or Your PHI: New Guidance on Ransomware

Mark Faccenda (US)Anna Rudawski (US)By Mark Faccenda (US) and Anna Rudawski (US) on Posted in Compliance and risk management, Data breach, Regulatory response
Data Protection Report - Norton Rose FulbrightOn June 12, 2016, the HHS Office of Civil Rights (OCR) released guidance, entitled “FACT SHEET: Ransomware and HIPAA,” in response to the rising number of ransomware attacks perpetrated against healthcare entities. The guidance addresses Health Insurance Portability and Accountability Act (HIPAA) issues that may arise when medical records containing Protected Health Information (PHI) are compromised … Continue reading

Final CISA Guidance for Cybersecurity Information Sharing Published

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Compliance and risk management, Data breach, Regulatory response
Data Protection Report - Norton Rose FulbrightOn June 15, 2016, the U.S. Department of Homeland Security (“DHS”) and Department of Justice issued Final Procedures Related to the Receipt of Cyber Threat Indicators and Defensive Measures by the Federal Government (“Final Procedures”) that provide information on how DHS will implement the Cybersecurity Information Sharing Act of 2015 (“CISA”). The Final Procedures were … Continue reading

Big data: French and German authorities explore antitrust issues

Jay Modrall (BE)By Jay Modrall (BE) on Posted in Compliance and risk management, Data breach, General
Data Protection Report - Norton Rose FulbrightOn May 10, 2016, the French and German antitrust authorities published a joint study on competition law and the collection and use of data, particularly so-called big data (the Big Data Study). Data protection as such is outside the scope of EU competition laws, but antitrust authorities have considered the significance of data on a … Continue reading

Colorado House Advances Bill to Protect Student Privacy

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Compliance and risk management, Data breach, Vendor management and transactions
Data Protection Report - Norton Rose FulbrightState education departments and legislatures are grappling with the privacy implications of the expanded use of technology in classrooms and schools serving as central data repositories of a host of personally identifying information (“PII”) on minors. In New York, a group of parents sued the state’s education department to prevent it from handing over students’ … Continue reading

Increased Risk of Fraudulent Charges and Identity Theft Sufficient to Confer Article III Standing According to 7th Circuit

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Data breach, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightAfter a district court dismissed a lawsuit filed by customers of restaurant chain P.F. Chang’s China Bistro whose payment card information was stolen during a data breach, the 7th Circuit Court of Appeals has revived the suit.  In a ruling last week, the appellate panel found that customers whose payment card information was stolen in … Continue reading

Fourth Circuit Holds that CGL Policy Covers Data Breach Class Action

Mark Faccenda (US)Rafe A. Schaefer (US)By Mark Faccenda (US) and Rafe A. Schaefer (US) on Posted in Data breach, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightOn April 11, 2016, the Fourth Circuit Court of Appeals upheld a ruling by the Eastern District of Virginia that two Commercial General Liability (“CGL”) insurance policies required an insurer cover the defense of a medical records company in a class-action claim relating to alleged failure to secure patients’ medical records.[1]… Continue reading

U.S. Government Publishes CISA Guidance for Cybersecurity Information Sharing

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Compliance and risk management, Data breach, Regulatory response
Data Protection Report - Norton Rose FulbrightEarlier this month, the U.S. Department of Homeland Security (DHS) and Department of Justice (DOJ) issued joint interim guidance on private entities’ sharing of cyber threat indicators and defensive measures with the government and other private entities. As we have written, Congress required the agencies to develop and publish this guidance through the Cybersecurity Information … Continue reading

EU Article 29 Working Party prepares for General Data Protection Regulation and responsibilities as European Data Protection Board

Marcus Evans (UK)Jay Modrall (BE)By Marcus Evans (UK) and Jay Modrall (BE) on Posted in Compliance and risk management, Data breach, General, Regulatory response
Data Protection Report - Norton Rose FulbrightOn February 11, 2016, the Article 29 Working Party (WP29) issued a statement setting out its 2016 action plan for implementation of the General Data Protection Regulation (GDPR) and its work programme for 2016-2018. WP29 will have 8 working groups leading the implementation of the 2016-2018 work programme. The statement highlights the following points: WP29 … Continue reading

Political agreement on EU Data protection reforms: the real count-down to compliance has started

Marcus Evans (UK)Jay Modrall (BE)By Marcus Evans (UK) and Jay Modrall (BE) on Posted in Data breach, Regulatory response
Data Protection Report - Norton Rose FulbrightOn December 15, the Civil Liberties Committee (LIBE) of the European Parliament issued a press release announcing a provisional political agreement between the European Parliament and Council negotiators on the texts of both the General Data Protection Regulation and the Police & Judicial Cooperation Data Protection Directive.  Formal approval by the Council is expected shortly and … Continue reading

Dutch Data Protection Authority publishes consultation version of guidelines on breach notice law

Floortje Nagelkerke (NL)Nikolai de Koning (NL)By Floortje Nagelkerke (NL) and Nikolai de Koning (NL) on Posted in Compliance and risk management, Data breach
Data Protection Report - Norton Rose FulbrightOn the heels of the enactment of the Dutch breach notice law, the Dutch Data Protection Authority (CBP) published a consultation document with draft guidelines on the breach notice obligation of data controllers in the Netherlands. Under the law, data controllers are required to provide notice of data breaches to the CBP and, under certain circumstances, to … Continue reading

The Security, Privacy and Legal Implications of the Internet of Things (“IoT”) Part one – The Context and Use of IoT

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Compliance and risk management, Data breach
Data Protection Report - Norton Rose FulbrightDisrupted, yet again. The world is fast preparing for the invasion of objects connected to the Internet, otherwise known as the Internet of Things (“IoT”). IoT is here, and it will revolutionize how both individuals and corporations interact with the world.  In this multi-part series we will explore this quickly evolving revolution and the privacy … Continue reading

The “EMV Liability Shift” Is Coming (What Merchants Need to Know)

Susan Ross (US)By Susan Ross (US) on Posted in Compliance and risk management, Data breach, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightCurrently, almost half of the world’s credit card fraud happens in the U.S where magnetic stripe technology is the standard. Outside the U.S., an estimated 40% of the world’s cards and 70% of the terminals already use the EMV technology. These countries are reporting significantly lower counterfeit fraud levels with EMV cards than with the … Continue reading
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