Privacy & Cybersecurity

Privacy & Cybersecurity

Merck Cyberattack’s $1.3 Billion Question: Was It an Act of War?

Target sued its insurer for up to $74 million in coverage related to its 2013 data breach. Merck did the same.
December 3, 2019
Privacy & Cybersecurity

Target sues insurer for up to $74 million in 2013 data breach costs

Target sued its insurer for up to $74 million in coverage related to its 2013 data breach.
November 19, 2019
Privacy & Cybersecurity

Senators inch forward on federal privacy bill

The Senate continues to talk about a federal privacy bill.
December 4, 2019
Privacy & Cybersecurity

Unroll.me settles with FTC after falsely claiming it didn’t collect and sell email data

The FTC has been pretty active on the privacy front.
December 17, 2019
Privacy & Cybersecurity

New and improved FTC data security orders: Better guidance for companies, better protection for consumers

The FTC has beefed up its data security enforcement.
January 6, 2020
Privacy & Cybersecurity

Washington State to Try Again for a Comprehensive Privacy Law

New Hampshire, Illinois, Virginia, and Washington were quick to introduce CCPA-style privacy bills early into the 2020 legislative sessions.
January 13, 2020
Privacy & Cybersecurity

And It Begins – Privacy Legislation Introduced in Virginia

New Hampshire, Illinois, Virginia, and Washington were quick to introduce CCPA-style privacy bills early into the 2020 legislative sessions.
January 10, 2020
Privacy & Cybersecurity

Analyzing The 2020 Illinois Data Transparency And Privacy Act

New Hampshire, Illinois, Virginia, and Washington were quick to introduce CCPA-style privacy bills early into the 2020 legislative sessions.
January 14, 2020
Privacy & Cybersecurity

State Legislatures Are Off to the Privacy Races, With New Hampshire in the Lead

New Hampshire, Illinois, Virginia, and Washington were quick to introduce CCPA-style privacy bills early into the 2020 legislative sessions.
January 10, 2020
Privacy & Cybersecurity

CCPA 2.0 Moves to Next Critical Stage of Referendum Process

CCPA 2.0” needs 623,212 signatures by June to get on California’s ballot—just in time for CCPA’s regulations to finally get released. Lovely
December 18, 2019
Privacy & Cybersecurity

CEOs from Amazon, IBM, Salesforce and more ask Congress to pass a consumer data privacy law

CEOs from the Business Roundtable called on Congress to pass national privacy legislation.
September 10, 2019
Privacy & Cybersecurity

NIST Releases Preliminary Draft of Privacy Framework

NIST released its preliminary privacy framework.
September 17, 2019
Privacy & Cybersecurity

IAB Soliciting Comments on Draft Compliance Framework for Programmatic Advertising under the CCPA

The IAB has proposed a CCPA compliance framework for programmatic publishers and ad tech companies.
October 31, 2019
Privacy & Cybersecurity

Déjà Vu All Over Again: New California Ballot Initiative Could Expand Privacy Obligations

The folks responsible for the CCPA gifted us with another ballot initiative for a stricter privacy statute called the California Privacy Rights and Enforcement Act. Yikes.
October 9, 2019
Privacy & Cybersecurity

California Attorney General Releases Draft Regulations Under the California Consumer Privacy Act: New Concepts, New Questions, and Few Clarifications

California’s Attorney General released the long-awaited draft CCPA regulations.
October 16, 2019
Privacy & Cybersecurity

Pennsylvania Supreme Court Recognizes Common Law Duty to Protect Employee Personal Data

The Pennsylvania Supreme Court held that employers have a common law duty to protect their employees’ personal information from unauthorized access.
January 1, 2019
Privacy & Cybersecurity

Public Forums on the California Consumer Privacy Act Continue in Los Angeles – Rulemaking to Follow

Notes from the California AG’s CCPA roadshow.
January 28, 2019
Privacy & Cybersecurity

San Francisco proposal would ban government facial recognition use in the city

A proposed bill would make San Francisco the first city to ban governmental adoption of facial recognition technology.
January 29, 2019
Privacy & Cybersecurity

Google Is Fined $57 Million Under Europe’s Data Privacy Law

Google was hit with $57M GDPR fine by French regulators.
January 21, 2019
Privacy & Cybersecurity

FTC Chair, Commissioners Endorse Comprehensive Privacy Legislation at Senate Oversight Hearing

At a recent Senate oversight hearing, the new FTC Commissioners discussed a potential federal privacy bill that could preempt state laws.
December 10, 2018
Privacy & Cybersecurity

FINRA Provides Updated Cybersecurity Guidance to Broker-Dealer Firms

FINRA released cyber guidelines for broker-dealers.
January 7, 2019
Privacy & Cybersecurity

Do the New Health Cybersecurity Guidelines Set a New Standard for Reasonable and Appropriate Safeguards?

The Department of Health and Human Services released cybersecurity guidelines for the health industry.
January 8, 2019
Privacy & Cybersecurity

House Moves to Get “SMART” on the IoT Industry

The House unanimously passed the SMART IoT Act, which directs the Department of Commerce to study the IoT industry and report back to Congress.
December 3, 2018
Privacy & Cybersecurity

Attorney General Becerra to Hold Public Forums on California Consumer Privacy Act as Part of Rulemaking Process

California’s AG will hold public forums across the state on the California Consumer Privacy Act, which will surely give us clarity on the law.
December 19, 2018
Privacy & Cybersecurity

Oath agrees to pay $5M to settle charges it violated children’s privacy

Oath (f/k/a AOL) pays record $5M COPPA settlement.
December 4, 2018
Privacy & Cybersecurity

Senators call for data security law in wake of Marriott breach

U.S. Senators call for a data security law after the Marriott breach.
November 30, 2018
Privacy & Cybersecurity

2019 Outlook: Data Privacy Bill to Move Amid Corporate Push

The outlook for a 2019 federal privacy bill.
December 28, 2018
Privacy & Cybersecurity

CCPA Update: Legislature Amends the CCPA to Exclude Employee Data, B2B Communications for One Year

The latest on the CCPA legislative saga.
September 15, 2019
Privacy & Cybersecurity

BIPA suit brought against Home Depot for loss prevention biometrics

In other biometric news, Home Depot was sued under BIPA by consumers who say the company collected “faceprints” and followed them around the store.
September 9, 2019
Privacy & Cybersecurity

Facebook loses facial recognition appeal, must face privacy class action

An update in Facebook’s high-stakes biometric data case.
August 8, 2019
Privacy & Cybersecurity

YouTube will pay $170 million to settle claims it violated child privacy laws

YouTube will pay a $170M COPPA settlement.
September 4, 2019
Privacy & Cybersecurity

Framework For Consumer Privacy Legislation

A group of CEOs urged Congress to pass national privacy legislation. Here are their suggestions.
September 1, 2019
Privacy & Cybersecurity

More than 50 CEOs urge Congress to pass consumer privacy law

A group of CEOs urged Congress to pass national privacy legislation.
September 10, 2019
Privacy & Cybersecurity

Round-Up of Recent Changes to U.S. State Data Breach Notification Laws

A roundup of recent data breach notification laws around the country.
September 3, 2019
Privacy & Cybersecurity

Scraping public data from a website probably isn’t hacking, says court

The Computer Fraud and Abuse Act doesn’t prevent a company from scraping LinkedIn’s site data, according to a recent Ninth Circuit decision.
September 10, 2019
Privacy & Cybersecurity

UK ICO Cites Inadequate M&A Data Protection Due Diligence as a Factor in Proposing $125M Breach Fine

The U.K.s Information Commissioner’s Office will impose a $123M GDPR fine on Marriott as a result of newly-acquired Starwood’s data breach. For potential M&A implications, see here.
July 22, 2019
Privacy & Cybersecurity

Marriott Faces $123 Million Fine For 2018 Mega-Breach

The U.K.s Information Commissioner’s Office will impose a $123M GDPR fine on Marriott as a result of newly-acquired Starwood’s data breach.
July 9, 2019
Privacy & Cybersecurity

Capital One data breach suspect may have hacked 30-plus companies, prosecutors say

The hacker arrested for the Capital One breach may have stolen information from more than 30 other companies.
August 14, 2019
Privacy & Cybersecurity

CCPA: An Amendments Progress Report & Tracker

A CCPA amendment tracker.
August 7, 2019
Privacy & Cybersecurity

FTC Asks if COPPA Rule Amendments Warrant Further Changes

FTC is seeking public comment on whether its COPPA rules need updating. The rules were last updated in 2003—but given the speed at which consumer technology has evolved, FTC is asking for comments ahead of the typical ten-year review cycle.
July 22, 2019
Privacy & Cybersecurity

New York City to Consider Banning Sale of Cellphone Location Data

Hawaii’s governor vetoed a bill that would have been the first law to prohibit the sale of a customer’s location data without consent. New York City is considering a similar measure.
July 23, 2019
Privacy & Cybersecurity

Hawaii governor vetoes location-data privacy bill

Hawaii’s governor vetoed a bill that would have been the first law to prohibit the sale of a customer’s location data without consent.
July 15, 2019
Privacy & Cybersecurity

District Court Finds Allegations That Data Breach Exposed Publicly Available and Non-Sensitive Personal Information Sufficient for Article III Standing

A federal court in California found that customers have the right to sue Facebook over a 2016 data breach—even though the leaked information was publicly available —potentially signaling an expansion of consumers’ ability to maintain data breach class actions.
July 1, 2019
Privacy & Cybersecurity

Updates to New York State’s Breach Notification Law Head to Governor’s Desk

New York beefed up their breach notification statutes.
June 20, 2019
Privacy & Cybersecurity

Changes to Data Breach Notification Deep in the Heart of Texas

Texas beefed up their breach notification statutes.
June 20, 2019
Privacy & Cybersecurity

Klobuchar, Murkowski introduce bill bolstering health app, DNA test data privacy

Senators Klobuchar and Murkowski introduced the Protecting Personal Health Data Act, which would govern the collection of health information by wearables, social media, DTC genetic testing, and other technologies.
June 18, 2019
Privacy & Cybersecurity

Amazon speaks out in favor of U.S. regulating facial-recognition technology

Amazon, like Microsoft and Google, has called for federal regulation of the technology (while others try to ban it).
June 11, 2019
Privacy & Cybersecurity

San Francisco Banned Facial Recognition. Will California follow?

San Francisco banned the use of facial recognition by the police, and other cities may follow.
July 1, 2019
Privacy & Cybersecurity

US Legislators Reintroduce Token Taxonomy Act to Exclude Crypto From Securities Laws

Congress re-introduced the Token Taxonomy Act, which would exclude cryptocurrency from being classified as a security.
April 10, 2019
Privacy & Cybersecurity

First Circuit Finds There is No Expectation of Privacy for IP Address Information

The First Circuit found that an app user had no expectation of privacy in his IP address.
April 18, 2019
Privacy & Cybersecurity

38 Attorneys General Ask Congress To Bring Marijuana Money Into Banking System

AGs from 38 states are lobbying Congress to pass the SAFE Banking Act and give cannabis businesses access to the federal banking system.
May 9, 2019
Privacy & Cybersecurity

Changes Coming To Section 101 Patent Eligibility?

A bipartisan group in Congress has proposed reforms to Section 101 patent eligibility.
April 25, 2019
Privacy & Cybersecurity

Target Gets Emails to Attorney and PR Firm in Trademark Case

SDNY found that a fashion startup waived attorney-client privilege by including its PR firm in emails about litigation strategy.
May 7, 2019
Privacy & Cybersecurity

Health and Human Services lowers fines for HIPAA violations

HHS lowered the maximum fine for HIPAA violations.
May 2, 2019
Privacy & Cybersecurity

Commercial Facial Recognition Privacy Act of 2019 Introduced

The bipartisan federal Commercial Facial Recognition Privacy Act was introduced in the Senate.
April 12, 2019
Privacy & Cybersecurity

Washington Privacy Act Fails to Pass State House of Representatives

A GDPR-like privacy bill in Washington State failed to pass the House.
April 29, 2019
Privacy & Cybersecurity

CCPA Amendments Advance Out of Committees

A variety of amendments to California’s CCPA—some backed by industry, others backed by consumer groups—advanced out of committee in the Senate and Assembly.
May 1, 2019
Privacy & Cybersecurity

FTC Hits TikTok With Record $5.7 Million Fine Over Children’s Privacy

FTC hit TikTok with a record $5.7 million COPPA fine.
February 27, 2019
Privacy & Cybersecurity

Privacy Notices, Opt-In Clauses Debated as US Regulators Shape Federal Privacy Law

Opt-ins, opt-outs, and state privacy law preemption were on the agenda at a recent Senate Judiciary Committee hearing.
March 12, 2019
Privacy & Cybersecurity

Comprehensive data privacy legislation introduced in Massachusetts – includes private right of action without a need to prove harm

Massachusetts is considering a bill that looks like the offspring of BIPA and CCPA.
February 10, 2019
Privacy & Cybersecurity

CCPA Update: CA AG Backs Bill to Expand Private Right of Action and Remove Cure Period

California’s AG is backing an amendment to CCPA that expands the private right of action and removes the cure period.
February 26, 2019
Privacy & Cybersecurity

Forget Astroturfing: Startups Can Just "Brobilize" Customers For Lobbying Efforts

‘Brobilize’—the act of a tech company leveraging its customers for public policy purposes. Fascinating topic; horrible name.
August 9, 2018
Privacy & Cybersecurity

Senators Call For Tougher "Made in USA" Enforcement

Senators ask FTC for tougher “Made in America” enforcement.
October 17, 2018
Privacy & Cybersecurity

FDA to overhaul more than 40-year-old process for approving medical devices that some say puts consumers at risk

FDA will update its medical device approval process.
November 26, 2018
Privacy & Cybersecurity

Anthem agrees to record-breaking $16M HIPAA violation settlement

Anthem agrees to record HIPAA settlement.
October 16, 2018
Privacy & Cybersecurity

Influencers v. PopSugar: Recent Updates

PopSugar was sued by Instagram influencers for stealing their content and removing affiliate links. Don’t do this please.
November 11, 2018
Privacy & Cybersecurity

The Proposition 65 List

Check your products against the Proposition 65 list.
Privacy & Cybersecurity

New Proposition 65 Warning Requirements Take Effect in California

New Prop 65 warning requirements went into effect on Aug. 30.
September 13, 2018
Privacy & Cybersecurity

California Appeals Court Grants Stay in Starbucks’ Proposition 65 Civil Penalties Trial

Californians are accustomed to seeing a terrifying Prop 65 warning, even at Starbucks.
October 18, 2018
Privacy & Cybersecurity

Five New Requirements Under New York DFS Cybersecurity Regulation Go Into Effect on September 1, 2018

New cyber regulations from NY State’s Department of Financial Services went into effect 9/1/18.
August 10, 2018
Privacy & Cybersecurity

Apple changes App Store rules to cut data collection on your friends

Apple published new App Store data collection rules.
June 12, 2018
Privacy & Cybersecurity

California just became the first state with an Internet of Things cybersecurity law

California passed an Internet of Things cybersecurity law.
September 28, 2018

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