Marianne Kolbasuk McGee A pending federal regulation – called for under the HITECH Act – that would allow regulators to share with breach victims money collected in HIPAA violation cases eventually could have implications in class-action breach lawsuits, says privacy attorney Adam Greene. The Department of Health and Human Services’ Office for Civil Rights “is working on a new…
Category: Federal
Australia finally gets data breach notification laws at third attempt
Chris Duckett reports: At the third time of asking, Australia will have data breach notification laws. The passage of the Privacy Amendment (Notifiable Data Breaches) Bill 2016 through the Senate on Monday means Australians will in the near future begin to be alerted of their data being inappropriately accessed. The legislation is restricted to incidents involving personal information,…
FBI Search Warrant That Fueled Massive Government Hacking Was Unconstitutional, EFF Tells Court
Boston—An FBI search warrant used to hack into thousands of computers around the world was unconstitutional, the Electronic Frontier Foundation (EFF) told a federal appeals court today in a case about a controversial criminal investigation that resulted in the largest known government hacking campaign in domestic law enforcement history. The Constitution requires law enforcement officers seeking a search warrant…
AU data breach notification bill receives bipartisan backing
Rohan Pearce reports: Australia is a step closer to having a mandatory data breach notification regime, after a bill to create such a scheme today received bipartisan support in the House of Representatives. The government introduced the Privacy Amendment (Notifiable Data Breaches) Bill 2016 in October. The bill has yet to be introduced in the Senate. Under the…
United Arab Emirates: Cyber Security And Data Protection Breaches: A Brief Comparative Review
Simon Isgar and Bernadette Pinto of Kennedys write, in part: The Saudi Aramco attack of 2012 has been described3 as the first ‘hackavist-style’ assault to use malware. The attack managed to destroy 30,000 computers within the Aramco network, which were believed by security researchers to have been infected with the Shamoon malware. The consequences faced by…
Arming Employers Against Internal Hackers, the 11th Circuit Clarifies CFAA’s “Loss” Requirement
Carol Mongtgomery of Butler Snow LLP writes: The Eleventh Circuit ruled last week in a wrongful discharge turned Computer Fraud and Abuse Act (“CFAA”) case, spinning the employee’s case against his employer on its head. The facts of Brown Jordan International, Inc. v. Carmicle stemmed from the employment of Christopher Carmicle by Brown Jordan, a furniture manufacturer….