Chris Keall reports: The Reserve Bank was kept in the dark for a crucial five days about a December data breach, Governor Adrian Orr says – contradicting its technology partner’s version of events. The incident – which saw sensitive data stolen – involved a file-sharing service run by US company Accellion. Read more on NZ…
Category: Commentaries and Analyses
What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year?
Here is some more commentary on the Fifth Circuit opinion in MD Anderson v. HHS. Elfin Noce, Liisa Thomas & Susan Ingargiola of SheppardMullin write, in part: On the ruling regarding the disclosure of ePHI, the Fifth Circuit held that HHS had failed to establish that MD Anderson disclosed ePHI to someone outside of the covered entity. The…
Brazilian Data Protection Authority Publishes Regulatory Strategy for 2021 – 2023
Hunton Andrews Kurth writes: On January 28, 2021, international Data Privacy Day, the newly formed Brazilian data protection authority (Agência Nacional de Proteção de Dados, the “ANPD”) published its regulatory strategy for 2021-2023 and work plan for 2021-2022 (in Portuguese). The ANPD’s regulatory strategy for 2021-2023 sets forth the agency’s vision for becoming a reference, nationally and internationally, with respect to…
Lessons from Wengui v. Clark Hill: Structuring a Two Track Cyber Investigation
Stephanie A. Diehl of Proskauer writes: As the D.C. District Court in Wengui v. Clark Hill recently commented, “[m]alicious cyberattacks have unfortunately become a routine part of our modern digital world. So have the lawsuits that follow them….” The court’s decision in that case has added another data point to developing jurisprudence of the cyberattack landscape, specifically…
The M.D. Anderson Case and the Future of HIPAA Enforcement
Privacy law scholar Daniel Solove writes: The U.S. Court of Appeals for the 5th Circuit just issued a blistering attack on HIPAA enforcement by the U.S. Department of Health and Human Services (HHS). In University of Texas M.D. Anderson Cancer v. Department of Health and Human Services (No. 19-60226, Jan. 14, 2001), the 5th Circuit struck down a fine…
Interview With a Russian Cybercriminal
Kelly Sheridan reports: IT security practitioners spend a lot of time strategizing ransomware defense, but many know little about the criminals plotting attacks. Who is the person behind a devastating ransomware campaign? Why did they choose a specific target? What about cybercrime appeals to them? To better understand the attacker’s perspective, Cisco Talos researchers interviewed…