Jeffrey M. Schlossberg of Jackson Lewis writes: Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database “without authorization.” The former employee has now asked that the U.S. Supreme review the Ninth…
Category: Legislation
IL: New Rules to Require Tighter Data Security
Dror Halavy reports: The Knesset Law and Constitutional Committee has approved measures that will require companies and groups that collect data on Israelis to protect the information from hackers. The new rules, which supply specific criteria to organizations on the types of security needed, will apply equally to government and private sector organizations. The measures…
New Mexico passes data breach notification and protection bill
Erich Falke writes: Then there were two. On March 16, 2017, the New Mexico state legislature passed a bill requiring that New Mexico residents be notified if their “personal identifying information” was affected by a breach of electronic data. Upon signature of the bill, New Mexico will join 47 other states requiring such notification, and the only…
Will a Pending OCR Rule Impact Breach Class-Action Suits?
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…
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…
Data Breach Notification In the EU: A Comparison of US and Soon-To-Be EU Law
David A. Zetoony, Joshua A. James, Jena M. Valdetero, and Christopher M. Achatz of Bryan Cave provide an overview of significant differences between U.S. breach notification laws and the EU’s General Data Protection Regulation (“GDPR”). Here’s a snippet from their analysis: That said, there are several significant differences including: Type of Information Governed. Data breach notification laws in the United States apply…