WASHINGTON, DC – Bipartisan members of the Subcommittee on Commerce, Manufacturing, and Trade today announced draft legislation to tackle the nation’s growing data security challenges. The “Data Security and Breach Notification Act” is a comprehensive plan to help safeguard sensitive consumer information and shield Americans from the consequences of cyber attacks. The subcommittee is scheduled to…
Category: Federal
Assuring Authority for Courts to Shut Down Botnets – DOJ Blog
Leslie R. Caldwell, Assistant Attorney General for the Criminal Division of the Department of Justice writes about the government’s proposal to expand its powers to shut down botnets: Current law gives federal courts the authority to issue injunctions to stop the ongoing commission of specified fraud crimes or illegal wiretapping, by authorizing actions that prevent a…
Tort of intrusion upon seclusion and breaches of personal health information: the Court of Appeal decision in Hopkins v. Kay
Analysis of Hopkins v. Kay, this by Bradley J. Freedman, Barry Glaspell and Patrick Hawkins of Borden Ladner Gervais LLP: … In Hopkins v. Kay, a patient of a hospital, on her own behalf and that of other patients in the “class” proposed to be certified by the court, alleged that her hospital records had been accessed by…
AU: PJCIS pushes for mandatory data breach notification
Allie Coyne reports: The parliamentary committee tasked with investigating the Government’s data retention bill has put its support behind the long-mooted introduction of a mandatory data breach notification scheme. The committee made the recommendation today in its report on the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 [pdf]. Australia’s Privacy Commissioner Timothy Pilgrim has long pushed for the introduction…
The Personal Data Notification & Protection Act Seeks Uniformity in Responses to Data Security Breaches
Vito Petretti and Eric J. Pennesi of MorganLewis write: The Personal Data Notification & Protection Act, (the Act) one of many security- and privacy-related legislative measures proposed by U.S. President Barack Obama last month, is intended to provide uniformity in the measures required of companies in the event of a security breach related to sensitive…
Courts Address the Level of Security Banks Must Provide to Business Accounts
Angel Diaz writes: Big or small, all bank accounts are susceptible to hijacking and fraudulent wire transfers. Banks ordinarily bear the risk of loss for unauthorized wire transfers. Two independent frameworks exist to govern these transfers: the Electronic Fund Transfer Act (“EFTA”) for consumer accounts, and Article 4A of the Uniform Commercial Code (“UCC”) for…