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Category: Breach Laws

BCCA Leaves Open The Risk Of Exposure To Vicarious Liability For Unauthorized Use Of Personal Information By Employees

Posted on January 22, 2016 by Dissent

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…

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Ga. Senator Proposes Bill On Public Data Breach Investigations

Posted on January 21, 2016 by Dissent

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…

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Ottawa working on “options regarding next steps” for Canada-wide mandatory privacy breach notification

Posted on January 19, 2016 by Dissent

Canadian Underwriter reports: Before the House of Commons was dissolved last summer to kick off the federal election, the ruling Conservatives passed the Digital Privacy Act, which creates new offences for failing to report data security breaches. However, nation-wide mandatory breach notification would not actually take effect unless the government develops regulations, and it is not…

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OR: Companies and state agencies must notify state of breaches affecting more than 250 Oregonians

Posted on January 8, 2016 by Dissent

KTVZ reminds everyone that Oregon’s new law has gone into effect whereby businesses and state agencies must notify the Oregon Attorney General of breaches affecting the personal information of at least 250 Oregonians. The new law defines protected data to include any medical, health insurance or biometric information as well as Social Security numbers, government ID numbers or…

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Dutch Law Includes General Data Breach Notification Obligation and Larger Fines for Violations of the Data Protection Act

Posted on January 8, 2016 by Dissent

Hunton & Williams write: On January 1, 2016, a Dutch law became effective that (1) includes a general obligation for data controllers to notify the Data Protection Authority (“DPA”) of data security breaches, and (2) authorizes the DPA to impose direct fines for violations of the Data Protection Act. Read more on Hunton & Williams Privacy & Information…

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Netherlands: data breach notification duties in effect January 2016

Posted on November 27, 2015 by Dissent

Wouter Seinen of Baker & McKenzie writes: Effective 2016, Netherlands’ businesses must notify the Dutch data protection authority (“DPA”) and sometimes individuals if they suffer certain data breaches that involve personal data under their control. Companies will have to take this seriously, as failure to notify may lead to fines up to €500,000 (or potentially…

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