Until now, companies primarily regulated by the Federal Trade Commission (FTC) were given only vague directives to implement systems sufficient to safeguard customer data, coupled with FTC “recommendations” as to best practices. That is about to change with the FTC’s finalization of its proposed amendments to the Standards for Safeguarding Customer Information (Safeguards Rule) on
Another Data Privacy Law? Colorado Enacts the Colorado Privacy Act
Colorado became the third state to enact comprehensive data privacy legislation when Gov. Jared Polis signed the Colorado Privacy Act (CPA) on July 8, 2021. The CPA shares similarities with its stateside predecessors, the California Consumer Privacy Act (CCPA), the California Privacy Rights Enforcement Act (CPRA), and the Virginia Consumer Data Protection Act (VCDPA), as
Energy and Infrastructure Companies Need to Know about the DOE’s and Other Agencies’ Focus on Cybersecurity
On March 18, 2021, the Department of Energy’s (DOE) Office of Cybersecurity, Energy Security, and Emergency Response (CESER) announced three new research programs that are “designed to safeguard and protect the U.S. energy system” from potential cyberattacks. The DOE also announced a 100-day plan to address cybersecurity risks to the U.S. electric system. Not to
Circuit Split No More: 2nd Circuit Clarifies Article III Standing in Data Breach Cases
While more states push forward on new privacy legislation statutorily granting consumers the right to litigate control of their personal information, federal courts continue to ponder how data breach injury fits traditional standing requirements. Previous to McMorris v. Carlos Lopez, McMorris v. Carlos Lopez & Assocs., LLC, many have argued there was a circuit
Critical Changes for U.S. Cleared Facilities
Codification of the NISPOM and replacement of JPAS
Two significant changes are underway by the Defense Counterintelligence and Security Agency (DCSA) – both of which require the immediate attention of businesses that hold a U.S. security clearance or are in the process of application for a clearance.
The first change is the codification of the
Biometric Privacy Law Expansions and Private Rights of Action
The days of only seeing biometric techniques in spy films are well behind us. A simple thumbprint can open a phone. Systems like Alexa can recognize your voice and play your favorite music. Some banks even allow customers to make payments by using voice command and fingerprint recognition.
In 2008, Illinois became the first state
Privacy Moves to the East Coast: Virginia Set to Enact Comprehensive Consumer Data Protection Law
Virginia is primed to become the next U.S. state to pass comprehensive data-privacy legislation with striking similarities to the California Consumers Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and the E.U.’s General Data Protection Regulation (GDPR).
The legislation, known as the Consumer Data Protection Act, passed the Virginia House of Delegates on January
Why It Matters Whether Hashed Passwords Are Personal Information Under U.S. Law
On January 22, 2021, Bleeping Computer reported about yet another data dump by the hacker group Shiny Hunters, this time for a clothing retailer. Shiny Hunters is known for exfiltrating large databases of customer information, often through misconfigured or otherwise compromised database. These databases typically contain credential information for customers, as was the case
Hanna Andersson and Salesforce Receive Preliminary Approval for Settlement of CCPA-Based Class Action Litigation
In 2019, Hanna Andersson, a children’s apparel store, suffered a data breach while using a Salesforce e-commerce platform. As a result of the breach, customers filed a class action lawsuit, alleging customer data was stolen and asking that both Hanna Andersson and Salesforce be held liable under the California Consumer Protection Act (CCPA).
Background
Barnes
FTC Eyes Vendor Oversight in Safeguards Rule Settlement
On December 15, 2020, the FTC announced a proposed settlement with Ascension Data & Analytics, LLC, a mortgage industry analytics company, related to alleged violations of the Gramm-Leach-Bliley Act’s (GLBA) Safeguards Rule. In particular, the FTC claimed that Ascension Data & Analytics’ vendor, OpticsML, left “tens of thousands of consumers[’]” sensitive personal information exposed “to