Data collectors and analyzers, IBM and Ponemon Institute, released the 2015 Cost of Data Breach Study: Globa…
Category Archives: retail data breach
Legal Trend: FTC Protecting Consumer Data in Corporate Bankruptcy
Radion Shack filed for bankruptcy protections. In that process, it has valuable consumer marketing information that it would like to sell. The FTC is entering the fray, in its newly amped role as data protector.
State Attorney Generals to Congress: Drop Preemption from Data Security Bill
California Attorney General Kamala Harris, front runner to succeed U.S. Senator Barbara Boxer, is urging Congress to allow states to have stonger data security bills.
Her concerns about the federal bill are many, including:
- Allowing breached companies to determine whether harm has occurred
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Posted indata privacy, health care data, legislative trend, retail data breach
Relaxed Data Breach Laws? Corporate Discretion on Notifications
Some proposals in Congress will allow corporations to determine whether the breach justifies notification. WallStreet Journal
The 5 Federal Data Breach Bills Circling
- Sen. Pat Leahy of his Consumer Privacy Protection Act
- Reps. Randy Neugebauer and John Carney Bill
- Counterpart to the Seante’s Carper-Blunt bill
- holding merchants to similar standards to financial institutions.
- Not well received by retailers and merchants
- Sen. Bill Nelson bill filed in January, but not moving
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Posted inbanking, data privacy, health care data, legislative trend, retail data breach, student data privacy
No Pre-emption in new Federal Data Security Bill
The first data security bill that moved in Congress this year would pre-empt state laws. Some say it would be more lax than the majority of state data security laws.
A new federal legislative proposal removes preemption. The Consumer Privacy Protection Act introduced by Senator Leahy would require companies to take more affirmative steps to protect consumer data.
Legal Trend: Retail Data Breach Due to Management Complacency on Security Protocols
A lawsuit against Home Depot, based on the retailer’s data breach, alleges that the data breach is a result of lax data security measures by Home Depot executives.
Multiple security upgrades were routinely rejected by the retailer.
US Supreme Court Wades into Data Breach Lawsuits
The US Supreme COurt has accepted a case to determine standing in data breach cases. We all know data breach law suits flow freely after a data breach. The question among courts has been is the injury to the person suing- that the information is out in the black market for information or does some economic damage have to occur before the individual can seek a court remedy.
The case that will shed light on data breach standing is Spokeo, Inc. v. Robins.
Posted inlegal trend, retail data breach
Lege Trend: Marketing Information is Protected Personal Information
Illinois Legislature is moving a data security bill that adds marketing information to protected information. Which means, if marketing information about a consumer is breached, notice will be required to the consumer.
Illinois Bill, SB1833, was drafted by the Illinois Attorney General and “will require notification in the event of a breach of “information related to a consumer’s online browsing history, online search history, or purchasing history.””
Advertisers and Mark…
Legal Trend: Small Banks Want to Block Target Settlement with MasterCard
Small banks and credit unions have filed suit to enjoin the nearly $20 million settlement between Target and Mastercard related to the 2013.
Small banks and credit unions allege:
- the agreement between Target and Mastercard was surreptitious
- ““This sweetheart deal for Target was negotiated without involvement of the court or the legal representatives o…