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Category: Commentaries and Analyses

Proposed settlement in Olive Garden FACTA lawsuit

Posted on May 18, 2009 by Dissent

Sandra Pedicini of the Associated Press reports that a tentative settlement in a class action lawsuit against Olive Garden for breaching a requirement of the Fair and Accurate Credit Transactions Act has been reached . The settlement would require the restaurant to provide a $9 appetizer voucher to anyone who ate at Olive Garden between…

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Prosecutor will seek life sentence for ID theft

Posted on May 13, 2009 by Dissent

As a follow-up to a case reported in a recent “Bits ‘n Pieces” post: Jim Dooley of The Honolulu Advertiser reports that the prosecutor will be seeking a life sentence for Susan Shaw, who is charged with stealing some $160,000 from at least 11 victims from January 2008 through last month. Dooley quotes prosecutor Christopher…

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Pointer: European Parliament Adopts Position on Data Breach Notification Requirement for Telecoms and ISPs

Posted on May 12, 2009 by Dissent

The Privacy and Security Law Blog has a nice article by Hunton & Williams LLP on the new European Parliament position on data breach notification requirement for telecoms and ISPs. As the authors note, “For the first time in EU law the amendments [to the e-Privacy Directive] introduce a definition of “personal data breach” and…

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Security groups cautious about data security and file sharing bills

Posted on May 5, 2009 by Dissent

Gautham Nagesh of Nextgov reports on testimony to Congress concerning two bills in the current session: H.R.2221 (Data Accountability and Trust Act) and H.R. 1319 (Informed P2P User Act). Some of the concerns raised about H.R. 2221: According to David Sohn, senior policy counsel for the Center for Democracy and Technology, most states have already…

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Data Breach Notification Law Across the World from California to Australia

Posted on April 18, 2009 by Dissent

Alana Maurushat of University of New South Wales has published a review and comparison that is available online at bepress.com in pdf format. The abstract: Data breach notification and disclosure laws are emerging around the globe. The following article and table examine the specifics of data breach notification frameworks in multiple jurisdictions. Over the year…

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FTC Publishes Proposed Breach Notification Rule for Electronic Health Information

Posted on April 16, 2009 by Dissent

From the FTC: The Federal Trade Commission today announced that it has approved a Federal Register notice seeking public comment on a proposed rule that would require entities to notify consumers when the security of their electronic health information is breached. The American Recovery and Reinvestment Act of 2009 (the Recovery Act) includes provisions to…

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