Lokke Moerel and Alex van der Wolk write: As we write this, it is now four months since the new data breach notification law in the Netherlands went into effect. Since 1 January 2016, data controllers are obliged to notify the Dutch data protection authority (DPA) and individuals if the security of personal data has been…
Category: Breach Laws
Ontario health privacy breach notification bill passes third reading
Canadian Underwriter notes: An Ontario government bill proposing to increase fines, to $500,000, for health privacy violations recently passed third reading at Queen’s Park in Toronto. Bill 119 proposes some changes to Ontario’s Personal Health Information Protection Act (PHIPA). Read more on Canadian Underwriters.
GDPR: potential fines for data security breaches more severe for data controllers than processors, says expert
Have I mentioned recently how much I appreciate columns or posts by lawyers that help educate us non-lawyers? A post in Out-Law.com points out something that is significant for those involved in IT security or advising clients: One of the many changes that the new Regulation will deliver when it comes into force on 25 May 2018 is…
Departing Employee Taking Data from “Restricted” but Unsecured Folder Doesn’t Violate CFAA
Shawn E. Tuma writes: When an employer intends to keep a network folder restricted from employees, but fails to (1) objectively communicate this intention or (2) secure the folder from general access, an employee who accesses the folder and takes data from it does not violate the Computer Fraud and Abuse Act (CFAA), even if he does…
BCCA Leaves Open The Risk Of Exposure To Vicarious Liability For Unauthorized Use Of Personal Information By Employees
Ryan Berger of Bull Housser writes: The BC Court of Appeal has affirmed the Chambers Judge’s decision in Ari v. ICBC 2015 BCCA 468. In this case, the putative plaintff advanced a proposed class action claim, alleging an ICBC employee misused personal information of 65 customers. The plaintiff alleged vicarious liability for breach of the statutory tort of invasion…
Ga. Senator Proposes Bill On Public Data Breach Investigations
Johnny Kauffman reports: A bill filed in the Georgia Legislature by Sen. John Albers (R–Roswell) would mandate companies and state agencies provide details to the attorney general and the governor’s office and give authority to the attorney general’s office to conduct an investigation. The Republican’s bill (SB 276) is called the “Georgia Personal Data Security…