- IRS breach. 100,000 taxpayers exposed. Estimated cost $50 Million.
- Anthem health insurance breach. 80 million health insurance records leaked. Cost estimate $100 Million.
- Office of Personnel Management. 21 million federal employee and contact records breached. Minimum cost is the $133 million contract to a credit monitoring and mitigation services provider.
- Ashley Madison Breach. 37 million customer information hacked. A class action lawsuit seeks $578 million.
- Two Year 100 banks…
Category Archives: legal trend
INTERIM: 5 Concerns Your Clients Have about Data Breaches
- More concerned about data breaches than lawsuits
- Worried about corporate image damage from data breaches
- Board Chairs and CEOs are more involved in data security than ever before
- Odds are high most comapnies have a data response plan
- Data breaches are increasing in severity and frequency
Credit Union National Association | Study: Companies losing confidence in data breach protections
Lege Meet Legal Trend: Hacking Laws. Define Data Ownership Like This.
The 9th Circuit Court of Appeals is wrangling over wording in an anti-hacking statute.
What legislative craft became legal fodder? Whether a law that prevents hacking can be applied against a business.
Why does this matter to your clients? Businesses want to protect the data they retain and the data their customers have on their websites and computers. But, who owns that data?
Why does this matter in Texas? Data storage facilities in Texas, like the large Facebook data storage open…
Government Data Breaches Barred by Sovereign Immunity?
The IRS is asking a D.C. federal judge to bar a suit against one of its data breaches on the grounds that the IRS is immune from suit.
Lexis Nexis Legal Room | IRS Says Data Breach Suit Barred By Sovereign Immunity
How 1 Health Insurer Responded to a Class Action Data Breach Suit Affecting 80 Million
Anthem Inc. responded to a class action lawsuit concerning a data breach affecting 80 million by focusing on the 1 hot botton issue legislatures and regulators are focusing on:
whether the person whose personal information was hacked suffered any actual damages
Why is this response from Anthem important? Because courts, legislatures, and regulators have come down on all sides of whether actual damages is required in a data breach suit.
Anthem also provided all 80 million customers with 2…
Trendy Lege & legal Issue: Did the Breach Lead to Harm? How one ALJ Decided.Courts Differ.
Courts and legislatures have differed as to whether a person can bring a lawsuit when their personal data is stolen, but the data has not been used to harm the person.
What happened in this administrative law case? The FTC has been trying to enforce sanctions against a health care company for a data breach.
The FTC legalese is that the health care company’s ” purported failure to institute reasonable data security constituted an unfair trade practice under section 5 of the FTC Act,…
New Issue: Data Security. Insurance. Indemnification. 3rd Party Contractors.
Indemnification Clauses in Insurance Cybersecurity policies should do 3 things:
- Be clear which entities are covered, none of this any and all other related entities mumbo jumbo
- Explicitly state details like whether “indemnity for third parties extends beyond the policy’s expiration date”
- Be flexible to constantly evolving laws and case law
Business Insurance | Precise policy language needed to cover affiliated businesses
Campaigns. Low Data Security. Liability Risk. 3 Reasons Why.
- Campaigns have no legal obligation to protect personal information data that they gather.
- Campaigns have a trove of information from credit cards, answers to personal profile questions, and personal identification
- Its unclear which agency would regulate and enforce campaign data security
The Hill How presidential campaigns could be putting your data at risk
76% of IT Decision Makers would Move Data Centers out of the US over Privacy.
Who was surveyed? 1000 IT decision makers across the UK and US
What did 76% say? 76% would “move their organization’s data to another country as a result of privacy concerns”
The privacy concern of businss: government snooping
How do the CEOs feel? 29% have moved data security to the top of the corporate agenda
Where are they moving their data storage? To Switzerland and Canada
The Data Center Journal | Information Exodus: 76% of IT Decision Makers Would Move Their Data to…
3 Recommendations to Minimize Liability in Outsourced Data Security. Hello Vendors.
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“include specific data security procedure obligations in contracts with vendors
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verify a vendor’s capacity to adhere to the prescribed data security procedures
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look at data security practices from an expert’s perspective to determine whether such practices are reasonable”
National Law Review | Piercing Outsourcing Veil: FTC Says Data Security Obligations Remain