Legal trend: FTC Enforcement Upheld. Retailers Take Note.

This week, the 3rd Court of Appeals upheld an enforcement action against Wyndham for a series of data breaches that exposed the credit card data of 600,000 customers.  

The ruling solidies the FTC’s enforcement actions. This year alone there have been more than 90 reported data security incidents. 

CRM  The Center for Democracy & Technology  The Recorder   National Law Review

Cybersecurity & Infrastructure. Cities Collect Data. Hackers Want Data.

Local governments colelct volumes of data from infrastructure such as:

  • fiber optics and wireless broadband data
  • data from sensors embedded in buildings
  • data sensors  in roadways 
  • data from water, waste and energy use

The data security risks:

  • hackers get into stop light and traffic management systems, security systems, electric grids or water systems
  • internal unintentional or intentional leaks
  • sensors being intentionally fed bad data

National Institute of Standards and Technology…

North Texas Congressman Front & Center on Cyber Security Legislation

In the political hot spot that is Denton County, Congressman Burgess noted the importance of bringing all stakeholders together on data security legislation by saying,

“I wanted to take an opportunity to hear from people who are working in the research area and the private sector and pull everyone together in a room for the morning and hear what the state of the industry is, and where they thought we might do things to improve it,” said Burgess, R-Lewisville.

Denton Record Chronicle

Trend: Activist Hackers.

The last few weeks have cemented a growing trend of activist hackers. Examples from the last year:

Expect to see more moves into the realm of politics, social issues, and corporate interests.

Tech…

Trend: Student Data Protection. Hello, Education Contractors, its you They Are After. States Moving Fast to Protect Students.

Only a few States prohibit kids’ personal information from being shared by schools with third party vendors, like marketers.

  • California
  • Oregon
  • Delaware

States working to protect student data through legislation or regulation:

  • Maine
  • Maryland
  • Florida
  • Mississippi
  • Georgia
  • Hawaii
  • Iowa,
  • North Carolina
  •  Illinois

CBS This Morning: How Safe is Your Kid’s Digital Data at School?

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 &…