DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Cambridge Who’s Who attempt to block former employee from discussing alleged data loss fails in court

Posted on February 24, 2011 by Dissent

Occasionally, we find out about a data breach via court filings instead of notifications or media coverage. This is one of those times, it seems.  As far as I can determine, the incident discussed in the court case was not reported to the NYS Consumer Protection Board by either Cambridge Who’s Who or Proactive Technology Group.

Andrew Keshner writes:

A Long Island marketing company has suffered a setback in its bid to block a former employee from what it says is a relentless campaign to disparage the business through online posts and reports to law enforcement authorities.

Supreme Court Justice Stephen Bucaria in Nassau County ruled in Cambridge Who’s Who Publishing v. Sethi, 009175-2010, that the First Amendment gave the ex-employee the right to disseminate his claims that the company had lost personal data about its customers.

Read more on Law Technology News. (h/t, @meerkat)

I accessed the order of January 25 through NYS’s web site, and found the following reference to allegations about a data breach in the short form order:

Also submitted is an email dated October 25 2010 from defendant to the Consumer Frauds Bureau of the New York Attorney General. In the email, defendant stated that he believed that tapes containing personal data on 400 000 members was lost or stolen from Cambridge Who s Who Publishing. Defendant stated that the data included names, addresses, social security numbers, drivers license numbers, payroll data, checking account numbers, and credit card information. Defendant stated that as director of MIS he advised plaintiffs management to “log and report the data loss to the people compromised.” Defendant further stated that he believed that nothing was done to “report the matter to the state and federal authorities.” Defendant stated that the tapes had been lost or stolen by an “outsourced tech” and defendant had been harassed and discriminated against by Cambridge when he “questioned” them about the data loss. Defendant also stated that the Attorney General of every state had received complaints about plaintiff’s “bait and switch practices misrepresentations, and questionable business practices.”

Additionally, plaintiff submits a series of emails between plaintiff and Stuart Ebner of Proactive Technology Group, which is apparently the “outsourced tech” to which defendant was referring in his email to the Attorney General. In an email to plaintiff dated October 20, 2010, Ebner stated that the tapes had been stored in a “tape library,” or drive which was not functioning properly and had been shipped back to the supplier, Tandberg, for repair. Ebner further stated that although the tapes should have been removed, they were shipped to Tandberg with the drive. Ebner claimed that Proactive’s technician had removed the tapes the day before shipment and theorized that defendant, as the MIS director, must have reinserted the tapes into the drive. Although Ebner acknowledged responsibilty for the data loss, he also attributed some of the fault to defendant.

Importantly, the judge recognized that a data breach is a matter of public concern:

The claimed data loss, involving social security numbers and credit card information implicates the economic interests of a large number of people. Thus, the content of defendant’ s communication is a matter of public concern, even though its intent and effect may have been to disparage plaintiff’s business, retaliate for defendant’ s discharge, or shift responsibility for the data loss. Thus, the court must give the benefit of any doubt to protecting defendant’ s right to free speech.

Update: A spokesperson for the NYS Attorney General’s Office confirmed to DataBreaches.net that they have not received any breach report from Cambridge or Proactive Technology Group.

Category: Breach IncidentsBusiness SectorCommentaries and AnalysesOf NoteU.S.

Post navigation

← Inappropriate access to patient records in the VA system: 2010 statistics
SpamIt, Glavmed Pharmacy Networks Exposed →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Nigerian National Sentenced To More Than Five Years For Hacking, Fraud, And Identity Theft Scheme
  • Data breach of patient info ends in firing of Miami hospital employee
  • Texas DOT investigates breach of crash report records, sends notification letters
  • PowerSchool hacker pleads guilty, released on personal recognizance bond
  • Rewards for Justice offers $10M reward for info on RedLine developer or RedLine’s use by foreign governments
  • New evidence links long-running hacking group to Indian government
  • Zaporizhzhia Cyber ​​Police Exposes Hacker Who Caused Millions in Losses to Victims by Mining Cryptocurrency
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Google: Hackers target Salesforce accounts in data extortion attacks
  • The US Grid Attack Looming on the Horizon

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • California county accused of using drones to spy on residents
  • How the FBI Sought a Warrant to Search Instagram of Columbia Student Protesters
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Malaysia enacts data sharing rules for public sector
  • U.S. Enacts Take It Down Act
  • 23andMe Bankruptcy Judge Ponders Trump Bill’s Injunction Impact
  • Hell No: The ODNI Wants to Make it Easier for the Government to Buy Your Data Without Warrant

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.