Author: Melissa Krasnow Organizations are preparing for data incidents and breaches by developing, updating, implementing, and testing incident response plans. This article provides a checklist of key components of an incident response plan. Following are items from state and federal sources of guidance: “Best Practices for Victim Response and Reporting of Cyber Incidents”(April 2015) issued… Read More
Washington State Governor Jay Inslee signed legislation making Washington among the five US states with the most rigorous data breach notification laws enacted to date. Washington joins Florida, Ohio, Vermont, and Wisconsin in imposing strict and specific obligations on any business that has suffered a data breach. The new law is effective July 24, 2015.
The duty of a board to monitor and oversee organizational risk includes cyberrisks. As cyberrisks and incidents proliferate, boards are seeking to enhance the information they receive about cyberrisks and incidents. One development boards should be aware of is the decision in the Palkon v. Holmes directors and officers (D&O) litigation (2014 U.S. Dist. LEXIS 148799 (D.N.J. Oct. 20, 2014)).
The Obama Administration has just released the proposed text of the Personal Data Notification & Protection Act as the latest step in its uniform federal breach notification initiative. Similar legislative efforts in the past have been unsuccessful, but there remains interest in federal legislation that would eliminate the need to navigate the patchwork of 47 different state breach notification laws. This article will highlight how the proposed federal law compares to most state breach notification requirements, and how it may impact businesses as a practical matter.
Continuing the trend of changes in state breach notification and related laws, Cal. A.B. 1710 amends California’s breach notification, security procedures, and Social Security number (SSN) laws in the wake of significant data breaches, particularly in the retail sector. (See “Changes in State Breach Notification Laws.”)
As data breaches continue to occur, breach notification laws are being amended or enacted. In the United States, state and federal breach notification laws should be monitored carefully regarding changes, as should breach notification laws in other countries (e.g., Canada).
As of July 15, 2014, 47 states (other than Alabama, New Mexico, and South Dakota) plus the District of Columbia, Guam, Puerto Rico, and Virgin Islands have breach notification laws. This article addresses changes in state breach notification laws.
Cybersecurity threats have reached a point where they cannot go ignored by any government agency,even the U.S. Securities and Exchange Commission. Although an agency that is tasked with protecting investors is not one that typically comes to mind in the battle against cyberthreats,the SEC does maintain jurisdiction over cybersecurity issues for public companies, broker dealers and investment advisers, due to its responsibilities for ensuring the disclosure of material information, integrity of market systems and customer data protection.
A New York trial court announced a decision on February 21, 2014, that may be a harbinger of wide-reaching limitations on insurance coverage for data breaches under commercial general liability (CGL) policies. The court’s ruling, while subject to appeal, demonstrates the hazards of relying on traditional CGL policies for coverage for data breaches. The lawsuit, Zurich… Read More
By: Gary Gansle, Jessica Linehan, and Kurt Whitman Addressing a recent hot topic regarding the forced disclosure of social media passwords and/or content as part of the employment application process, California has promptly resolved the issue legislatively. Effective January 1, 2013, employers in California are generally prohibited from requiring applicants and employees to disclose or… Read More
You may not, as reflected in the recently reported decision of Eagle v. Morgan, 2011 WL 6739448 (E.D. Pa. December 22, 2011) where both the employee and her former employer claim ownership in the employee’s LinkedIn account, the popular social networking site for business professionals. The dispute is starkly drawn in the litigation’s opposing pleadings… Read More