From the FTC, this press release: Kohl’s Department Stores, Inc. has agreed to pay a civil penalty of $220,000 to settle Federal Trade Commission allegations that the Wisconsin-based retailer violated the Fair Credit Reporting Act (FCRA) by refusing to provide complete records of transactions to consumers whose personal information was used by identity thieves. In…
Category: Federal
Twitter and WhatsApp could face EU data privacy sanctions
The National reports: Twitter and Facebook’s WhatsApp are in the firing line as Europe’s leading privacy watchdog for US tech giants edges closer to delivering its first major sanctions under the region’s tough data-protection rules. The Irish Data Protection Commission said on May 22 that it finalised a draft decision linked to a data breach…
Third Circuit Offers Blueprint for Defeating Data Breach Class Actions
Jeffrey N. Rosenthal and David J. Oberly discuss how the Third Circuit offers defense attorneys a way to possibly get some data breach lawsuits dismissed. They write, in part: Taken together, Reilly and Horizon operate to create a diving line between circumstances where standing might exist in the Third Circuit. Under Horizon, standing can often be established where plaintiffs are…
FTC May Change Obscure Data Breach Rule In Telehealth Era
Ben Kochman reports: The Federal Trade Commission said Friday that it is considering changing a decade-old, little-used rule that requires certain companies handling health information to publicly report data breaches — and which could gain new relevance as consumers increasingly turn to telehealth. The consumer protection agency says it is soliciting comments on whether it should make…
U.S. Supreme Court Will Finally Weigh in on Scope of CFAA
Jason C. Gavejian, Joseph J. Lazzarotti and Maya Atrakchi of JacksonLewis write: The United States Supreme Court recently granted a petition for certiorari in Van Buren v. United States addressing the issue of whether it is a violation of the Computer Fraud and Abuse Act (“CFAA”) when an individual who is authorized to access information on a computer, accesses the same…
China Issues New Measures on Cybersecurity Review of Network Products and Services
Yan Luo and Zhijing Yu of Covington & Burling write: On April 27, 2020, the Cyberspace Administration of China (“CAC”) and other eleven government agencies jointly released the final version of the Measures on Cybersecurity Review (“Measures”) (an official Chinese version of the Measures is available here). These Measures will take effect on June 1, 2020. Under Article…