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Considerations in Drafting Limitations of Liability for Data Breaches

Until very recently, it was considered matter of course in a services agreement for any data disclosure or loss, regardless of cause, to be excluded from any and all limitations of the vendor’s liability. However, as data...more

Belgian Data Protection Authority Sues Facebook Over Privacy Breaches

As already stated in a previous blog post, on May 13, 2015, the Belgian Data Protection Authority issued a recommendation in which it expressed its concern about Facebook tracking users, non-users and logged-out users without...more

French Data Protection Authority Sanctioned For Not Anonymizing A Decision

Even the French Data Protection Authority (CNIL – Commission Nationale de l’Information et des Libertés) can be sued for the violation of its own recommendations. Following is its recommendation regarding the anonymization of...more

6/18/2015  /  Anonymization , CNIL , France

The French Data Protection Authority Puts Google On Notice To Delist Domain Names Beyond Site’s EU Extensions

One, of course, recalls the May 13, 2014 decision of the Court of Justice of the European Union (CJEU) on the “right to be forgotten”. As a result, the French Data Protection Authority (CNIL – Commission Nationale de...more

Update Regarding Office of Personnel Management Cyber Attack

More details continue to emerge about the cyber attack and data breach disclosed last week of the U.S. federal government’s Office of Personnel Management (OPM), and those details continue to get worse. While original reports...more

Encryption and the Consequences of Policy

A few weeks ago, your humble blogger looked into how difficult it was for someone to crack encryption in light of debates on Capitol Hill about whether policies should be put in place to limit its strength. In March and May,...more

Google Revamps Privacy and Security Settings

The redesigned account page does not offer any additional privacy or security options over those previously offered. Instead, it consolidates all of Google’s privacy and security settings, thus making it easier for a customer...more

Facebook Takes a First Step Toward Mass Adoption of Encryption

This week, the social networking service Facebook quietly announced that it will begin making PGP encryption available for communications from Facebook to its users. While this step, in itself, is a small one not likely to...more

6/9/2015  /  Encryption , Facebook , Innovation

Fitbit IPO Cyber Risk Disclosures

Earlier this month, fitness-tracking company Fitbit, Inc. filed a Form S-1 Registration Statement for an IPO of up to $100 million that exhaustively disclosed potential cybersecurity risks with respect to the personal data...more

EU Council Confirms the Forthcoming Strong Enforcement of Fundamental Right to Data Protection

A recent leaked draft proposal reveals the position of the E.U. Council as regards to the fines system that will come into force under the proposed new General Data Protection Regulation in the E.U. member states. The huge...more

Future Unclear For NSA’s Bulk Telephone Metadata Collection Program

Fast approaching is the June 1 expiration of certain provisions of the Patriot Act, including § 215 (codified as 50 U.S.C § 1861), which is the basis for the National Security Agency’s (NSA) bulk telephone metadata collection...more

CareFirst Suffers Cyberattack, Data Breach of 1.1 Million Customers’ Information

BREAKING NEWS: Health insurer CareFirst BlueCross BlueShield disclosed today that hackers gained access to one of its databases, exposing personally identifiable information for approximately 1.1 million people....more

SEC Division of Investment Management Issues Cybersecurity Guidance for Investment Funds and Advisers

The U.S. Securities and Exchange Commission’s (“SEC”) Division of Investment Management (“Division”) recently released a Guidance Update (“Guidance”) highlighting the importance of cybersecurity for registered investment...more

How Difficult is it to Break Encryption?

Whether it’s in discussions of public policy or discussions of best practices, encryption is all the rage right now. ...more

5/8/2015  /  Cybersecurity , Encryption

Congress Talks Encryption

The Information Technology Subcommittee of the Committee on Government Oversight and Reform of the US of House of Representatives last Wednesday held a hearing on encryption technology and potential US policy responses....more

DOJ Cybersecurity Unit Releases “Best Practices” For Cyber Breaches

Last week, in conjunction with the Criminal Division’s Cybersecurity Industry Roundtable, the U.S. Department of Justice released its “Best Practices” guide for preparing for and responding to a cyber incident....more

Landmark UK Data Protection Ruling

The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK’s Data Protection Act 1998 (the “Act”) for non-financial losses....more

4/27/2015  /  Appeals , Damages , UK , UK Data Protection Act

FTC Launches Office of Technology Research and Investigation

The Federal Trade Commission (FTC) recently announced formation of its Office of Technology Research and Investigation (OTRI), an office meant to “ensure that consumers enjoy the benefits of technological progress without...more

FFIEC’s Seven Cybersecurity Priorities for 2015

While others were waiting for spring to arrive, community bank officers and directors were waiting for the Federal Financial Institutions Examination Council (FFIEC) to provide additional guidance on its cybersecurity...more

4/10/2015  /  Community Banks , Cybersecurity , FFIEC

Virginia Workplace Social Media Password Privacy Bill Signed

On March 23, 2015, Virginia Gov. Terry McAuliffe approved a social media password privacy bill (H.B. 2081) that limits employers access to employees’ and job applicants’ personal social media accounts....more

Shareholders are Speaking out on Social and Environmental Issues

Shareholders are increasingly raising social and environmental issues in meetings. Nearly 40 percent of all shareholder proposals submitted in the first half of meetings in 2014 were related to social and environmental...more

NextEra Acquires Hawaiian Utility for $4.3 Billion

NextEra recently acquired Hawaiian Electric Industries (“HEI”) in a transaction valued at $4.3 billion, subject to Hawaii Public Utilities Commission approval and approval by HEI shareholders. HEI shareholders will receive a...more

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