Category Archives: Data Breach

May 30 is Fast Approaching – Are You Ready for Compliance with the Amended Act on Protection of Personal Information in Japan?

Written by
Japan’s Act on Protection of Personal Information currently in force (“Current APPI”) dates back to 2003.  It was originally enacted on May 30, 2003, and came into effect in 2005.  Ten years later, the National Diet passed extensive reforms to modernize the Current APPI in September, 2015.  Although the Amended Act on Protection of Personal Information (“Amended APPI”) has been partly in effect, it will come fully into effect on May 30, 2017. It is important to note that the Amended APPI applies to “personal information handling business operators” which is defined as a person [...] Read more

New Mexico Data Breach Legislation Passes

Written by
New Mexico recently became the 48th state to pass some form of data breach notification legislation, leaving Alabama and South Dakota as the lone holdouts.  The Data Breach Notification Act was signed by New Mexico Governor Susana Martinez on April 6, 2017.  The law applies to persons that own or license personal identifying information of New Mexico residents, defined as an individual’s first name or first initial and last name in combination with a social security number, driver’s license number, government-issued ID number, account number plus security or access code or password, or biometric [...] Read more

New York Attorney General Announces Record Number of Data Breach Notices in 2016

Written by
On March 21, 2017, New York Attorney General (NYAG) Eric T. Schneiderman announced that his office had received a record breaking 1,282 data breach notices to his office affecting 1.6 million New York residents during 2016. Compared to 2015, these figures represent a 60 percent increase in the number of notices and a 300 percent increase in the number of New York residents affected. These research figures build on the NYAG’s 2014 report “Information Exposed: Historical Examination of Data Security in New York State,” which analyzed eight years of security breach statistics in New York from [...] Read more

Australia Adopts New Data Breach Notification Legislation

Written by
On February 13, 2017 Australia became one more among nation states adopting data breach notification legislation. In recent House and Senate votes, the Australian Parliament amended the Privacy Act 1988, introducing mandatory data breach notification requirements for entities regulated by the Privacy Act. Who is Subject to the New Legislation? The recent bill requires entities with revenue over $3 million AUD ($2.3 million USD) and certain credit reporting bodies and recipients of tax file number information to notify both the Australian Information Commissioner and affected individuals “as [...] Read more

California Updates Data Breach Notification Statute for 2017

Written by
California, which has historically been one of the states at the vanguard of data breach notification issues, has made an update to its statute that takes effect on January 1, 2017. The update will require companies to notify affected individuals of a data breach of encrypted information, if “the encryption key or security credential was, or is reasonably believed to have been, acquired by an unauthorized person and the person or business that owns or licenses the encrypted information has a reasonable belief that the encryption key or security credential could render that personal information [...] Read more

New York State Financial Services Regulator Issues Proposed Cybersecurity Regulations

Written by
On September 13, 2016, Governor Andrew Cuomo announced the issuance of proposed “first-in-the-nation” cybersecurity regulations for entities regulated by the New York Department of Financial Services (DFS), including jurisdictional banks, insurance companies, and other financial institutions.  The proposed regulation will be subject to a 45-day comment period prior to being issued as a final rule.  Once finalized, the regulation would become effective on January 1, 2017, at which point a 180 day "transitional period" would go into effect, during which entities would need to come into compliance [...] Read more

Advocate Health Care Network Agrees to Pay $5.55 Million to Settle Potential HIPAA Penalties

Written by
On August 4, 2016, the Office of Civil Rights (“OCR”) announced that Advocate Health Care Network (“Advocate”), Illinois’ largest fully-integrated health care system, has agreed to pay a record-breaking $5.55 million to settle claims of multiple Health Insurance Portability and Accountability Act (“HIPAA”) violations involving electronic protected health information (“ePHI”).  The substantial settlement stems from the extent and duration of the alleged noncompliance and the large number of individuals whose information was compromised, among other factors. The OCR initiated [...] Read more

Alston & Bird Issues Advisory on Six Myths of Breach Response

Written by
Alston & Bird recently issued an Advisory entitled “Six Myths of Breach Response,” authored by Jim Harvey. As data breaches are on the rise, so are the challenges that businesses face in handling these security incidents. This Advisory identifies six strategic pitfalls to avoid when responding to breaches. The Advisory addresses the true significance of public notification, common mistakes in preserving attorney-client privilege, and tough choices regarding the selection of public relation, investigative, and legal counsel. Jim Harvey co-chairs Alston & Bird’s Cybersecurity Preparedness [...] Read more

Illinois Makes Extensive Changes to Data Breach Notification Law

Written by
  On May 6, 2016, Illinois Governor Bruce Rauner signed HB1260, which significantly updates the state’s Personal Information Protection Act. The changes take effect on January 1, 2017. When the new law becomes effective, Illinois’ data breach notification statute will include one of the broader definitions of the information which, if breached, will trigger notification to individuals. Starting in 2017, the definition of personal information in the Act will include an individual’s full name, or first initial and last name in combination with their health insurance policy number [...] Read more

Supreme Court Holds Congress Cannot Confer Automatic Standing By Statute

Written by
The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016) (click here for a prior post detailing the procedural history and case background).  The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the Fair Credit Reporting Act (“FCRA”) – is sufficient to confer Article III standing, which requires that an injury be both (a) concrete and particularized and (b) actual or imminent.  Below the Ninth Circuit held that Robins’ allegation of an FCRA violation were sufficient, but the Supreme [...] Read more