Legal Trend: Cost of Monitoring is Damages for a Data Breach lawsuit

The Neiman Marcus data breach lawsuit can continue according to the 7th Circuit. 

Courts have wrangled with whether a person who had her information stolen in a dat abreach must have had that information used in a manner to cause harm before a lawsuit can continue.

The 7th Circuit said no to that specific standard and is allowing more damages like the cost of credit monitoring.

Law360

National Association of Professional (Insurance) Agents Ramps Up Data Breach Insurance

NAPA has new data breach compliance and certification. Data breaches are big business, people.  

Data breaches and protecting against data breaches generate:

  • Big legislative pushes
  • New regulations
  • Procurement Opportunities (hello, $21M emergency contract that the federal data breach sparked)

Data breaches impact:

  • bankers, credit unions, financial institutions
  • retailers
  • corporations
  • new lawsuit filings
  • health data
  • student data
  • +more

NAPA

Lege trend: 6 Ways the Home of the Ducks Strengthens Data Breach Law

  • “Expands the statute’s definition of “personal information” to include a resident’s biometric or medial information;
  • Requires entities or persons that own or license consumer personal information to notify the Oregon Attorney General of a data breach if the entity must notify more than 250 residents;
  • Raises the threshold for notifying Oregon consumers to a more generous “unlikely to suffer harm” standard;
  • Lowers the threshold for reporting to consumer report agencies (CRAs)…

Status Check: National Data Security Bill Likelihood of Passage

Will Congress pass a national data security bill after the massive federal employee data breach. Odds are not high. There is a higher liklihood that next week there will be a new food trailer opening in Austin. 

What does this mean? States will pass stronger data security bills from everything from retailers to public education contractors to health care data.

Health Data Management

Imposing Banking Data Security Requirements on Small Business. Overregulation?

Small businesses are not pleased with a data security proposal by House Financial Institutions and Consumer Credit Subcommittee Chairman Randy Neugebauer(R-Texas) and fellow Financial Services Committee member Rep. John Carney (D-Del.).

National Retailers Federation response: “Congress should take concrete steps to make sure the credit card cartel finally does the right thing and makes its cards secure.”

adminPosted inbanking, legislative trend, retail data breach