Monthly Archives: August 2015

LegalTrend: How Secure Are Your Biometrics on Facebook?

Privacy class action lawsuits in Illinois assert that Facebook violates a 2008 Illinois law protecting a peron’s biometric information with its facial recognition tagging software. 

The nuts and bolts of the Illinois law:

  • Biometric Information Privacy Act makes it illegal for a company to:
  • collect or access customers’ biometric identifiers
    • without first informing them in writing about what’s being collected,
    • how the biometrics are being used,and
    • how long biometrics are being…

Data Security Requirements Invade Federal Contracts.

Office of Management and Budget  is setting forth data breach standards for federal contractors. The requirements include:

  • Required improved data security controls
  • Timely contractor reporting of all cyber incidents
  • Contractors will be required to undergo Security assessments
  • Contractors may face continuous monitoring by the government agency
  • Increased business due diligence before entering into a contract

Details about the OMB workgroup and proposals for contract reform are…

Neiman Marcus Ruling Makes it Easier to Sue a Company for a Data Breach

Neiman Marcus experienced a data breach in 2013 that exposed credit card information for 350,000. And, as it is with every data breach, lawsuits ensued.

The 7th Court of Appeals answered a lingering legal and legislative issue– whether any actual injury has to occur before suit may be filed. “Chief Judge Diane Wood, who said that fear of hackers in the future is not too “speculative” for a day in court.”

The ruling is expected to apply to both pending lawsuits realted to Sony &…

Regulating Data: License Plate Readers. 3 Concerns. 7 States take action.

In 2007, 17% of police departments were using license plate readers. That number increased rapidly. By 2012, 71% of police departments used license plate readers.

Whats the concern if these help lower crime? The data. Regulations seek to:

  • How long the data is kept. Minnesota keeps it for 48 hours. New Jersey keeps it for 5 years.
  • How safe is the data
  • How much data is collected about law abiding citizens

6 states have limited the use of license plate readers or prohibited the use…

Which Univeristy Health System is Sued over a Data Breach? Hello class action.

UCLA finds itself facing a class action lawsuit over a data breach at hospitals in the UCLA hospital system.

So how does a state university system get sued?

  • UCLA is accused of  not encrypting patient data invcuding:
    • names, dates of birth, Social Security numbers, health plan identification numbers, and medical information including patient procedures and diagnoses
  • UCLA allegedly did not notify patientsin a timely manner
  • UCLA’s lack of action allegedly violated multiple consumer…

Policies Two Ways: ME Cities Adopt Data Security Policies & Buy Data Security Insurance Policies.

Maine Municipal Association has added cyber-liability coverage to its insurance plan for municipalities.

Mount Desert Maine developed a data breach response policy in consultation with the Town Manager, the Police Chief, and a consultant. The data security policy:

  • Defines a data breach as “any occurrence where personal identifying information (such as Social Security numbers or payroll information) is accessed by someone other than an authorized user for anything other than an…

GM Cars Secure After Onstar Bug Fixed. Tesla Also Secure After Breach Identified.

Onstar–the savior for people who lock their keys in the car.  Onstar–the way for hackers to take over your car.

Until this week, hackers were able to take control of opening cars, turning on the ignition, and locating the vehicle. The hack took $100 of equipment but was an otherwise easy path to taking over Onstar.

Findlaw

Researchers testing the Tesla system also identified a potential vulnerability and sent out a wireless update to Tesla systems.

TechCrunch