Tag: Data Breach
Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own
When a company suffers a data breach, it is hit with a barrage of issues. For instance, How can it safeguard against another breach? Who should it notify of the breach and when (Authorities? The people whose data was compromised?)? What type of measures should it undertake to minimize possible damage to those whose data… Read More
The Data Breach Legal Limbo on Consumers’ Ability to Sue Hacked Companies
The first of the year is a good time to make assessments, resolutions and predictions. We have some recommendations for companies that store and process consumer data: It is a good time to assess the strength of your data security measures and resolve to meet industry standards where you fall behind, because we predict continued… Read More
How The FTC Guides Businesses Through Data Breaches
The Federal Trade Commission (“FTC”) recently released a data breach guide for businesses, along with a video and blog to help companies following the immediate aftermath of a data breach. The FTC also provides a model data breach letter to notify individuals of a breach. The agency – which views itself as the nation’s primary… Read More
Data Breach Lawsuits: Challenges Persist After Spokeo v. Robins
Data breaches are as common as the common cold—unfortunately, just as incurable. Run a news search on “data breaches” and you’ll find that all kinds of institutions—major retailers, tech companies, universities, even government agencies—have been vulnerable at some point. Now run a search on “data breaches,” but include the word “lawsuit.” You’ll find that many… Read More
Judge Flunks Case Against LabMD, FTC Appeals
In March 2015, I wrote about the ongoing dispute between the FTC and LabMD, an Atlanta-based cancer screening laboratory, and looked at whether the FTC has the authority to take enforcement action over data-security practices alleged to be insufficient and therefore “unfair” under section 5(n) of the Federal Trade Commission Act (“FTCA”). On November 13,… Read More
State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”
Every week, we learn about new data breaches affecting consumers across the country. Federal government workers and retirees recently received the unsettling news that a breach compromised their personal information, including social security numbers, job history, pay, race, and benefits. Amid a host of other public relations issues, the Trump organization recently discovered a potential… Read More
International Data Privacy Day: Our Top 10 Data Privacy Tips
It’s International Data Privacy Day! Every year on January 28, the United States, Canada and 27 countries of the European Union celebrate Data Privacy Day. This day is designed to raise awareness of and generate discussion about data privacy rights and practices. Indeed, each day new reports surface about serious data breaches, data practice concerns,… Read More
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