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“Backoff” Update — More Widespread, PCI Council Issues Call to Action — If You Accept Credit Cards Via Point-of-Sale, You Need to...

Some weeks ago, we wrote a piece “What You Need to Know About Backoff Malware: The New Threat Targeting Retailers” . It’s apparently gotten worse. Any business utilizing point-of-sale (POS) terminals for “swiping” credit...more

The Great Russian Internet Heist – What Now?

A breach of this nature is reportable under the breach notification laws in both California and Florida, as recently amended: “Personal Information” includes user name or email address, in combination with a password or...more

Privacy Tuesday: July 2014 #3

We are now officially in the throes of “midsummer” on this Privacy Tuesday. And, on occasion in the data privacy world, we agree with Will Shakespeare’s words….“Lord, what fools these mortals be!”...more

7/22/2014  /  Data Protection , Privacy Laws

Privacy Tuesday: June 2014

Welcome to another week, and our Privacy Tuesday look at top issues. California Attorney General Puts the Focus on the Consumer - As we have discussed, the California Online Privacy Protection Act was amended,...more

Making Privacy Practices Public: the California Attorney General’s New Guidelines Keep the Focus on the Consumer’s Perspective and...

In 2013, the California Online Privacy Protection Act (CalOPPA) was amended to require web sites and other online services to make additional privacy policy disclosures related to online tracking transparency. Within the...more

Privacy Tuesday – June 3, 2014

The first Tuesday in June is also the first Tuesday of meterological summer -and a welcome sight after a brutally-long winter for many of our readers. So, here’s to a happy Summer! Google Receives 12,000 Take-Down...more

SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking

Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative....more

5 Things Every Company's Data Security Program Should Include

What's the one thing every company's data security program must include? That's the question we put recently to experts in the field, knowing that, especially after Heartbleed, the diversity of responses would create an...more

State Data Security Breach Notification Laws

The general definition of “personal information” or “PI” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of following data elements: (i) Social Security number,...more

Privacy Tuesday – April 14, 2014: Heartbleed Headaches

Last week was certainly the “week of the Heartbleed.” Unless you have been on vacation on a remote island (and if so, good for you!), you have heard and read much about the latest mass bug to infect the Internet....more

FTC Data Security Authority Confirmed, For Now: Wyndham’s Motion to Dismiss Denied

The FTC’s Claim - A New Jersey federal judge has confirmed the Federal Trade Commission’s (“FTC”) authority to regulate data security and bring claims against companies suffering data breaches due to inadequate...more

First Glance: Legal Implications of the Heartbleed OpenSSL Bug?

The vulnerability caused by the Heartbleed bug circumvents the purpose of OpenSSL: encryption. Therefore, the conclusion would appear to be that any data breach during the time of OpenSSL vulnerability would be reportable...more

Is Your HIPAA Compliance Program Going Out the Window with XP?

April 8, 2014 marks the end of Microsoft’s support for the Windows XP operating system, which means the end of security updates from Microsoft and the beginning of new vulnerability to hackers and other intruders into systems...more

Banks Withdraw Lawsuits Against Target and Trustwave

UPDATE to our story yesterday: In what apparently is a big “oops,” two banks that took legal action against Target over its recent data breach have withdrawn their claims. The suits were withdrawn due to an erroneous...more

4/2/2014  /  Banks , Data Breach , Data Protection , Target

The Target Breach Update

It has been difficult to keep up with all the various permutations of the Target data breach saga. Yesterday, the fingerpointing continued in the form of the release of a Harris Poll and testimony on Capitol Hill at a...more

Privacy Monday – March 24, 2014

Welcome to March Madness — although if your brackets look anything like mine do this morning, it is not particularly “welcome.” Let’s just say that there is no danger of my winning Warren Buffet’s $1 billion....more

Privacy Monday – February 24, 2014

On this Privacy Tuesday: US Attorney General Puts Pressure on Congress for Data Breach Disclosures - Today, US Attorney General Eric Holder urged Congress to pass legislation requiring retailers to make...more

“Sophisticated” Breach Exposes 300,000 Student Records at University of Maryland: 3 Questions You Should Ask

Officials at the University of Maryland (“University” or “UMD”) announced that UMD was the victim of a significant security breach that took place on Tuesday, February 18 (the “Breach” or “Incident”). The Incident,...more

BNA Privacy and Security Law Report

Target Corp. announced Dec. 19, 2013, that it had discovered an intrusion that may have compromised approximately 40 million customer payment cards used at its U.S. stores from Nov. 27 to Dec. 15, 2013 (12 PVLR 2133,...more

1/29/2014  /  Data Breach , Data Protection , Target

Data Privacy Day 2014

The “observance” of Data Privacy Day annually on January began in 2008. The National Cyber Security Alliance (NCSA) will be kicking off today’s events with a live stream of its press conference in Washington, DC. ...more

To 8-K, or not to 8-K? For Target, that is indeed the question.

As anyone with a pulse and a computer, television or carrier pigeon knows, Target Corporation (NYSE: TGT) suffered a major data breach in December – the extent of which is still being uncovered – and pegs the latest number of...more

Privacy Monday – January 13, 2014

These are busy times in the data privacy/security world. If Misery Loves Company, Target Has Friends - Target was not the only target of data thieves this holiday season. Reports over the weekend revealed that...more

The Number of The Day: 70 Million (at least)

The Target data breach story keeps getting worse. The December pre-Christmas disclosure was the theft of up to 40 million Target shoppers’ credit and debit card information in what appeared to have been a hack of the Target...more

Happy 2014!

After a brief hiatus for the holidays and our “12 Days of Privacy” series, we are back. We have had a series of late year — and new year — data breaches in the news. These latest incidents should prompt New Year’s...more

Time to Change that Facebook Password

If you haven’t been paying attention to “password hygiene” preached by this blog and others, perhaps it’s time. Jose Pagliery from CNNMoney reports of a large-scale hack that has compromised over 2 million passwords at...more

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