There is yet another really informative post by Jeff Drummond of Jackson Walker. This one is about a CE’s responsibility to actively monitor a BA’s compliance. Jeff writes, in part: Lexology today led me to this article by Adam Green’s crew at Davis Wright Tremaine. It turns out, there is specific language in the December…
Category: Federal
32 state Attorneys General to Congress: Don’t replace our stronger privacy laws!
Mike Litt writes: A bipartisan group of 32 state Attorneys General, led by Illinois AG Lisa Madigan, sent a joint letter last week to the House Financial Services Committee leadership against the draft (link includes opposition testimony of Massachusetts Attorney General’s Office) “Data Acquisition and Technology Accountability and Security Act” that PIRG has also been opposing. The bill…
This bill would make it easier for businesses to keep data breaches under wraps
David Lazarus has some unflattering words for a bill introduced in Congress by Representatives Blaine Luetkemeyer and Carolyn Maloney. Indeed, the Data Acquisition and Technology Accountability and Security Act might be more aptly named the “Businesses Get Out of Jail Free Pass and Screw The Consumers Act of 2018.” Well, ok, I grant you that that…
Lawmaker looks to boost FTC power in data breach enforcement
Chase Gunter reports: Rep. Ted Lieu (D-Calif.) is looking to toughen standards on private sector data breaches. His new bill was released the same day that Equifax announced that an additional 2.4 million Americans had their information stolen from the company, on top of the 145 million it had previously disclosed. Lieu wants to expand…
No concrete injury? No standing – Ninth Circuit
Shades of Spokeo. The Court of Appeals for the Ninth Circuit affirmed the dismissal of Bassett v. ABM Parking over the display of a full credit card number on a parking lot receipt: The panel affirmed the district court’s dismissal due to lack of standing in a putative class action alleging a violation of the…
House Draft Data Security Bill Preempts Stronger State Safeguards
From EPIC.org: Rep. Luetkemeyer (R-MO) and Rep. Maloney (D-NY) circulated a draft bill, the “Data Acquisition and Technology Accountability and Security Act,” that would set federal requirements for companies collecting personal data and require prompt breach notification. The Federal Trade Commission, which has often failed to pursue important data breach cases, and state Attorneys General…