Privacy Law Blog

Tag Archives: breach

Responding to the Anthem Cyber Attack

Authors: Roger Cohen, Paul Hamburger, Kristen Mathews, Ellen Moskowitz, Richard Zall Anthem Inc. (Anthem), the nation’s second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of approximately 80 million individuals, including those insured by related Anthem companies.… Continue Reading

PCI Council Issues Biz Tips to Reduce 3rd Party Security Risk

On August 7, 2014 the PCI Security Standards Council issued new guidance to supplement PCI DSS Requirement 3.0 and help organizations reduce the risks associated with entrusting third-party service providers (“TPSPs”) with consumer payment information.  More and more merchants use TPSPs to store, process and transmit cardholder data or manage components of the entity’s cardholder … Continue Reading

HIPAA/HITECH Final Rule: Significant Changes to Existing Regulations

Recently announced changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rule represent one of the most significant developments in health care privacy law in the past 10 years. Known as the final omnibus rule, the changes were announced by the U.S. Department of Health and Human Services on January 17, … Continue Reading

Data Breach Case Research Paper Sheds Light

In a draft research paper titled "Empirical Analysis of Data Breach Litigation", three prominent scholars have collected and analyzed a sample of over 230 federal data breach lawsuits in order to deduce just what makes them tick. Romanosky, Hoffman and Acquisti examined, for example, what factual and legal characteristics made a company more likely to … Continue Reading

Breach Notification Obligations In All 50 States?

Did you know there are breach notification obligations in all 50 states (effective 9/2012), even though only 46 states have adopted them?  How could that be, you ask?  Because Texas said so.  (Does that surprise you?) Texas recently amended its breach notification law so that its consumer notification obligations apply not only to residents of … Continue Reading

2009 Ponemon Institute “Cost of a Data Breach” Study Released

This past week, the Ponemon Institute announced their publication of the results of their fifth annual study on the costs of data breaches for U.S.-based companies. The study was sponsored by the PGP Corporation. A similar report for U.K.-based companies was also released. This year's report, entitled 2009 Annual Study: Cost of a Data Breach, displays the results of the Ponemon Institute's research of data breach incidents occurring in 2009. Overall, as with previous years, the study found that U.S. organizations continue to experience increased costs associated with the data breaches they experience. … Continue Reading

Proskauer Litigation Team Helps Secure Dismissal of Speculative Identity Exposure Claims Against BNY Mellon

Where the only harm alleged is mere "speculation as to a possible risk of injury," a claim cannot survive a 12(b)(6) motion to dismiss, according to a District of Connecticut decision issued on August 31, 2009. McLoughlin v. People's United Bank, Inc., and Bank of New York Mellon, Inc., No. 3:08-cv-00944-VLB (D. Conn. Aug. 31, 2009), thus follows a long and growing line of cases which simply hold that where there is no actual harm, there can be no case. … Continue Reading

Seven Days Is All She Wrote . . .

As our readers know, many of the 44 state data breach notification laws allow for (and may even require) a brief delay in notifying affected individuals of the breach if that notification would interfere with or impede a law enforcement investigation. Last week, the governor of Maine amended that state's data breach notification law. The amendment clarifies that notification may be delayed for no longer than 7 business days after a law enforcement agency determines that the notification will not compromise a criminal investigation. … Continue Reading

Iowa Enacts 43rd State Breach Notification Law

On May 9, 2008, Iowa Governor Chester Culver signed legislation (SF 2308) requiring any person who owns or licenses computerized data that includes a consumer's personal information to give notice of a breach of security. The law does not require notification if, after an appropriate investigation or after consultation with the relevant federal, state, or local agencies responsible for law enforcement, the person determined that no reasonable likelihood of financial harm to the consumers whose personal information has been acquired has resulted or will result from the breach. Following is an updated list of the 43 state security breach notification laws (plus District of Columbia and Puerto Rico). … Continue Reading

More Breach Notification Laws — 42 States and Counting

Virginia, West Virginia, and South Carolina are the latest states to pass data breach notification laws, bringing to 42 the total number of states with such laws on the books (including the one state with a law that applies only to public entities, Oklahoma). Listed below are the 41 states with laws that apply to private entities (plus the District of Columbia and Puerto Rico). … Continue Reading

No Harm, No Lawsuit: Seventh Circuit Refuses Data Breach Lawsuit Where Credit Monitoring Costs Are the Only “Damages” Sought

Where the only “damages” alleged following a data security breach are the costs of credit monitoring, a plaintiff has no case, so ruled the Seventh Circuit on August 23, 2007. The decision dealt another blow to so-called “identity exposure” plaintiffs seeking to recover damages stemming from the unauthorized disclosure of their personal information, as the Seventh … Continue Reading
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