Topic: Data breach

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

Photo of Steven Hadwin (UK)Photo of Ffion Flockhart (UK)Photo of Jonathan Ball (UK)Photo of Marcus Evans (UK)Photo of Charlie Weston-Simons (UK)Photo of 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

Photo of Susan Ross (US)Photo of 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

Photo of 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

Photo of Stella Cramer (SG)Photo of Wilson AngPhoto of Jessica Paulin (SG)Photo of David Olds (SG)Photo of Jeremy Lua (SG)By Stella Cramer (SG), Wilson Ang, 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

Photo of Stella Cramer (SG)Photo of Wilson AngPhoto of Magdalene Lie (UK)Photo of Jeremy Lua (SG)By Stella Cramer (SG), Wilson Ang, Magdalene Lie (UK) 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

Photo of John Cassell (CA)By John Cassell (CA) 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

Photo of 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

By 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

Singapore legal update: Firm warned for WhatsApp personal data disclosure

Photo of Magdalene Lie (UK)By Magdalene Lie (UK) 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

By 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

By 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

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

Photo of 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

By 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

By 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
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