Data Breach

California Legislature Amends CCPA

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Last Friday, the California Senate and Assembly passed SB-1121, amending the California Consumer Privacy Act (“CCPA”) as enacted in June. We previously issued an advisory following the June enactment, and will host a webinar discussing the law (as now amended) on September 12. This blog post highlights some of the key amendments to the CCPA. SB-1121 amends the CCPA as follows: Exemptions for Health Providers. The bill clarifies that the CCPA does not apply to protected health information (“PHI”) or medical information governed by the Health Insurance Portability and Accountability […] Read more

Alston & Bird Hosts Sept. 12 Webinar on California Consumer Privacy Act

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Save the date! On Sept. 12, 1 – 2 PM ET, Alston & Bird will host a webinar to analyze the new California Consumer Privacy Act. (You can read our prior advisory.) The California Consumer Privacy Act has been compared to the European Union’s General Data Protection Regulation due to its creation of important new privacy rights likely to require significant compliance activity by many companies. Partners Jim Harvey, David Keating, and Senior Counsel Peter Swire will lead discussion of this comprehensive new legislation currently slated to enter into force in less than 18 months.   Registration [...] Read more

German DPA Announces GDPR Compliance Survey of Large Companies – Translation Provided

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Following a two-year grace period, EU General Data Protection Regulation (GDPR) entered into force on May 25, 2018.  For many companies, preparing for the GDPR was a multi-year project involving multiple teams and input or assistance from across the organization.  On this blog, we have outlined the items we have seen as particularly time- or resource-intensive. On June 29, 2018, the Data Protection Authority (DPA) of the German state of Lower Saxony (Niedersachsen) announced it would be surveying GDPR compliance among companies under its jurisdiction.  Germany has 16 state-run DPAs with general [...] Read more

Oregon and Arizona Amend Breach Notification Laws

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Amended breach notification laws recently took effect in Oregon or will soon take effect in Arizona. In both cases, the amended laws heighten existing requirements and reflect broader trends in the breach notification landscape at the state level, including by expanding the scope of “personal information” that triggers notification and requiring notification within a specified timeframe. In Oregon’s case, the amendments supplement already-existing data security requirements for companies the handle the personal data of Oregon residents. Oregon Broadened Definition of Personal Information Like [...] Read more

Chicago City Council Considers Data Collection and Protection Legislation

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Unique and detailed data protection legislation is currently under consideration by the Chicago City Council. If passed in its current form, the Data Collection and Protection Ordinance (the “Ordinance”) would impose consent, notification, and registration obligations on regulated companies, as well as require a prescribed notice to users of location services on mobile devices and express consent for use of geolocation data by mobile applications. Consent requirements The consent provisions would apply to “operators,” defined to include any entity that (1) “owns a website on the [...] Read more

Colorado Enacts Expanded Data Breach Notification Law

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Consistent with recent expansions to state data breach notification laws, Colorado recently enacted an expanded data privacy law that strengthens the state’s existing breach notification law and that requires policies and procedures concerning the protection and destruction of personal identifying information (“PII”).  The law applies to any individual or commercial entity that maintains, owns, or licenses “personal information” or PII, as applicable, in the course of its business, vocation, or occupation, and also contains largely identical provisions that apply to state and local governments.  [...] Read more

Georgia Court of Appeals Reaffirms Lack of Duty to Safeguard Personal Information

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The Georgia Court of Appeals recently reaffirmed its prior conclusion that there is no duty to safeguard personal information under Georgia law.  In McConnell v. Ga. Dep’t of Labor, --- S.E.2d ----, 2018 WL 2173252 (Ga. App. May 11, 2018), the Court of Appeals addressed whether a plaintiff whose social security number and other personal identifying information (“PII”) had allegedly been negligently disclosed by an employee of the Georgia Department of Labor stated a negligence claim in connection with the unauthorized disclosure. In urging that the Court of Appeals should recognize such [...] Read more

SEC Announces Its First Enforcement Action Over Cyber-related Disclosures

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The Securities and Exchange Commission’s $35 million settlement with Altaba Inc., the successor in interest to Yahoo! Inc., is the first civil penalty of its kind for a data breach and underscores the agency’s increasing focus on public companies’ cybersecurity disclosure obligations. A cross-practice team from our Securities Litigation and Cybersecurity Preparedness & Response groups examined the SEC action in an advisory published on April 27, 2018. To read the full advisory, please click here. [...] Read more

Seventh Circuit Affirms Dismissal of Schnuck Markets Data Breach Lawsuit

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The United States Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a putative class action brought by financial institutions against Schnuck Markets, Inc., following a data breach impacting Schnuck beginning late 2012. The plaintiffs attempted to assert claims of negligence, negligence per se, various contract claims, and violation of Illinois consumer protection laws, alleging damages in the form of employee time to investigate and resolve fraud claims, payments to indemnify customers for fraudulent charges, and lost interest and transaction fees based on changes in [...] Read more

SEC Adopts Statement and Interpretive Guidance on Public Company Cybersecurity Disclosures

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The Securities and Exchange Commission (SEC) issued a press release announcing its unanimous approval of a statement by SEC Chairman Jay Clayton and interpretive guidance (the “2018 Guidance”) to assist public companies in preparing disclosures about cybersecurity risks and incidents. This is the first interpretive guidance published by the full Commission on the topic of cybersecurity for public companies, and it may foreshadow increased SEC action to protect investors from the potential negative effects of increasingly common large-scale data breaches. The 2018 Guidance formalizes and expands [...] Read more