This post will focus on the data breach question — whether unauthorized access to personal information, in the absence of hacking, qualifies as a «data breach» for the purposes of state
data breach notification laws, and potentially Federal Trade Commission (FTC) data security enforcement.
Facebook's lack of notification to users that their information had been used in an unapproved manner could run afoul of U.K. and other European privacy laws, as well as
data breach notification laws in place in 48 states across the U.S.
With Australia's new
data breach notification laws coming into effect next month, gathering and securing sensitive information about customers and their deposits will be more onerous than ever.
This is a call to amend our current
data breach notification laws to encompass personal data obtained through social engineering as a recognized form of data breach.
The distinction currently drawn by
data breach notification laws between active and passive breaches should be abandoned, because it provides an incentive for malicious actors to obtain personal data through social engineering, rather than through hacking.
Other than empowering State Attorney Generals to investigate and pursue legal action against violating companies, the primary purpose of
data breach notification laws is to ensure that if personal information belonging to platform users and service consumers is compromised, then the target of the breach is under obligation to duly notify any person whose data has been leaked.
She has also advised clients on a spectrum of federal and state laws, including Section 5 of the Federal Trade Commission Act, the Children's Online Privacy Protection Act (COPPA), California Online Privacy Protection Act (CalOPPA), the Fair Credit Reporting Act (FCRA), Gramm - Leach - Bliley Act (GLBA), state
data breach notification laws, and others.
She has also advised clients subject to regulatory investigations and litigation involving a spectrum of federal and state laws, including under Section 5 of the Federal Trade Commission Act, the Children's Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Family Educational Rights and Privacy Act (FERPA), Gramm - Leach - Bliley Act (GLBA), state
data breach notification laws, California Online Privacy Protection Act (CalOPPA) and others.
This could be as important as preparing for
data breach notification laws that may be on the horizon, he adds.
This transformation of the risk assessment and recognition of the parties potentially harmed from threats to information systems are very significant developments, and, in several countries, are largely a result of data breaches and the consequences that follow under
data breach notification laws (i.e. fines, the costs of providing notice to affected individuals, and reputational harm).
Forty - six states plus Washington, D.C., have
data breach notification laws, which means you must proactively inform your customers in the event of a breach involving their information.
Some 46 other states subsequently passed similar
data breach notification laws.
«The most significant change in the new statute, which updates the state's 2005
data breach notification law, is that companies are required to «implement and maintain reasonable procedures and practices» to prevent data breaches, Ryan Keating, a member of Wilmington, Del. - based Morris James LLP's data privacy and information governance group, told Bloomberg Law.
For example, Oregon's
Data Breach Notification Law, which went into effect January 1, 2016, requires business and government agencies to notify the Oregon Attorney General's office when the personal data of at least 250 Oregonians have been compromised.
In reality, many members of the Republican - dominated Congress have repeatedly emphasized that they don't want to see any such regulations - not even as basic as a national
data breach notification law.
The California
data breach notification law (California Civ.
databreaches.net - Related Posts: Missouri
data breach notification law goes into effect soonMaryland
Data Breach Notification Law Updated:... Proposed data breach bill in...
Not exact matches
Mårtin Mickos, CEO of HackerOne, a bug bounty startup, urged legislators to revise
laws used to prosecute hackers and to standardize
data breach notification requirements at the federal level.
The Wall Street Journal also reported Monday that Equifax spent $ 1.1 million last year lobbying against regulatory
laws, including
data security and
breach notification.
He weighed in with a call for a federal «
breach notification standard» to replace
data notification laws that vary by state.
But a host of new state
laws force firms to reveal what they used to keep secret... (See
Data breach notification)
By concealing the hack and paying off the hackers Uber
breached US
laws which require
notification of people who are the victim of
data compromises (similar
laws will come into the UK in May 2018).
Counsel clients in connection with
data incidents and
breaches regarding the implementation of contingency plans and
notification efforts to affected persons and relevant
law enforcement authorities
The Canadian Internet Policy and Public Interest Clinic (CIPPIC) at the University of Ottawa released a white paper yesterday that calls on the federal government to enact a
data security
breach notification law.
The agreement with the vendor should ensure that lawyers area able to retrieve
law firm
data in a readable format and that it includes
breach notification clauses
In addition to the
notification requirements under privacy legislation, the organization could also have a broader legal duty under negligence
law to notify an individual whose
data has been
breached if that
breach could harm, or could materially increase the risk of harm to, that individual.
An education sector client on a cyber security
breach, with our work involving analysis of the
laws around
data protection, computer misuse and theft as well as advice on privilege and
notification to regulators and relevant
law enforcement agencies
PIPEDA even lags behind the
laws of those few provinces that have their own private sector
data protection statutes: Commissioners in Quebec, B.C. and Alberta have order making powers, and Alberta also has mandatory
data breach notification requirements.
● the provider's compliance with particular state and federal
laws governing
data privacy (including
notifications regarding security
breaches);
Mandatory
data breach reporting and
notification at the federal level was introduced with amendments to the federal private sector privacy
law — PIPEDA — enacted by the Digital Privacy Act.
You will want to check with your jurisdiction's bar regulatory agency as well as any statute or
law that may require
notification of a
data breach affecting personal information.
U.S.
data -
breach notification laws are currently a state - by - state patchwork, and there has been little progress on a unified national version of the rules.
Maryland's updated
breach notification law mandates
notification to affected consumers, provided internal investigation «shows that there is a reasonable chance that the
data will be misused.»
The
law requires that employers receive consent of subjects for
data processing, ensure that collected
data is made anonymous to protect privacy, make
data breach notifications, safely handle the transfer of
data across borders, and in some cases, appoint a
data protection officer to oversee compliance.