On August 13, 2024, the New York Attorney General announced a settlement agreement, along with the Attorneys General of Connecticut and New Jersey, with Enzo Biochem Inc. and its subsidiary corporation, Enzo Clinical Labs, Inc., regarding a security incident
Data breach
FCC adopts updated data breach notification rules to protect consumers
On December 13, 2023, the Federal Communications Commission (FCC) voted to update a 16-year-old privacy rule expanding breach notification requirements for telecommunications, interconnected Voice over Internet Protocol (VoIP), and telecommunications relay services (TRS). Under the new rule, these companies are…
FTC amendment to Safeguards Rule
Under the Federal Trade Commission’s (“FTC”) new amendment to the Safeguards Rule (the “Amended Rule”), non-banking financial institutions will have to report certain data breaches and other security events to the agency.
Requirements
Approved on October 27, 2023 by a…
Ontario Court of Appeal Limits Application of Tort of Intrusion Upon Seclusion for Cyberattacks
In three recent cases, the Court of Appeal for Ontario effectively curtailed the ability of privacy breach victims to advance claims under the tort of intrusion upon seclusion against organizations for failing to prevent unauthorized access to personal information by…
Rare recovery in a complex ransomware case: Major NetWalker arrest leads to significant asset seizure
Norton Rose Fulbright Canada’s cyber litigation team recently obtained an order in favour of an insurer, granting it relief from forfeiture in respect of more than 11 bitcoins from the assets seized from a prolific ransomware gang.[1] This case…
Contracting for Cybersecurity Risks: Mitigating Weak Links
Managing vendor risks includes putting pen to paper. Organizations are increasingly susceptible to risks outside their controlled IT infrastructure as they engage third-party vendors to manage online platforms and process data. Even though an organization may have little to no…
NYDFS settles with EyeMed for $4.5 million
On October 18, 2022, the New York Department of Financial Services announced a settlement with EyeMed, a licensed life, accident, and health insurer, with respect to a security incident that occurred in 2020. The settlement claimed that EyeMed had committed…
Alberta OIPC’s 2022 PIPA Breach Report – Trends and Key Takeaways
The aftermath of an incident – business considerations surrounding record-keeping
In our previous publication, we discussed the legal obligations and procedural considerations surrounding maintaining records of privacy incidents. While the specific obligations vary by jurisdiction, maintaining some form of a record that tracks privacy incidents is a statutory obligation…
Apply the law where breached servers are located?
On June 28, 2022, a federal trial court in South Carolina ruled that a group of consumers could proceed with common law negligence and gross negligence claims if they could meet the state law elements where the breached servers were…
On July 27, 2022, the Office of the Information and Privacy Commissioner of Alberta (OIPC) released its 2022 PIPA Breach Report.