Lege Trend: Re-defining Private Data in the Land of Lincoln

The Illinois Attorney General is working to expand the definition of what is private information that triggers data breach notifications.

She wants to include the following information:

  • email addresses
  • log-ins
  • passwords
  • Health insurance information
  •  biometric information
  • geolocation information

Her proposal doesn’t specify when the consumer and the Attorney General office must be notified. Instead,   busine…

40 Class Action Law Suits From Anthem Inc. Data Breach

Hailed as a victory for plaintiff’s lawyers, class actions are proceeding for data breaches at Target and Sony. Since the February breach at Anthem, more than 40 class action lawsuits have been filed. 

Legal experts say data breach cases move forward when the plaintiff can allege:

Preeminent Data Security Attorney Supports State Regulation over Federal Regulation. 3 Ways Business Needs Flexibility in Data Security Legislation.

Theodore Kobus III, co-leader of the Privacy and Data Security Practice at Baker Hostetler, favors state regulation over one size fits all federal regulation of data security notification. 

He suggests the right template for data security is HIPAA’s approach. HIPPA has been functioning for more than 10 years and has no uniform standard for security.

Businesses need flexibility to respond to data breaches. The flexibility is necessary based on 3 factors:

  • size of…

TX Data Security Officer Leaves DIR

Last week, Brian Engle, DIR’s data security go-to guy, left his  state government post. He is now the first employee of a nonprofit, Retail Industry Information Sharing and Analysis Center.

His new role is to support the retail industry in their cybersecurity efforts and their efforts to protect their customer information and information technology.     

Government Technol…

Lege Trend: Federal Data Breach Legislation

Last week Congressmen Barton (R-TX) and Rush (D-IL) filed data breach notification legislation. Feds want to protect personal, private information and the states are quickly passing bills that further protect their citizens. 

What you need to know about the federal bills:

  • Act Name: Data Accountability and Trust Act (DATA Act)
  • Bill Number: HR 580
  • Senators Feinstein, Pryor, Rockefeller, and Nelson filed similar, but not identical bill:
    • Data S…

Data Breach Liability for Retailer? Is there a Financial Cap for a Grocer?

Retail data breaches lead to class action lawsuits. They’re new. They’re trendy.

How financial liability for a breach is assessed is a developing legal trend. Legal trends turn into legislative trends as states grapple with assigning liability.

Today the retailers & the banks are at odds over this in policy court. To add fuel to the this policy fire, a federal court sided with a retailer against financial institutions by limiting a grocer’s liability to:

  • $5…

Health Care Data Breaches- Hackers or Human Errors?

Since 2009, health care data breach statistics are:

  • 8%  involve hacking
  • 40.9 million individuals’ records have been exposed
    • Of the individual records, 19%, were blamed on hackers
      • This includes a hack, allegedly by Chinese hackers ,to the health care data at Community Health System in Franklin, TN, resulting in stolen personally identifiable information on 4.5 million individuals.

President Obama’s federal data …