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Posts in Cyber-Liability.
Beware Compromised Business Email . . .and the Litigation That Follows

Businesses are facing this system hack with ever-increasing frequency:  An accounts payable employee receives new or updated payment instructions from a vendor via email.  The email appears to be from a familiar counterpart at the vendor; it contains accurate details specific to a current transaction; the new bank is well known; and the new instructions have the vendor’s name, or a version of it, as the beneficiary.

MVA Seminar - Responding to a Data Breach:  What to Expect and What to Avoid
RESPONDING TO A DATA BREACH: WHAT TO EXPECT AND WHAT TO AVOID (APRIL 20, 2016): Verizon, Experian, and T-Mobile are on a growing list of entities impacted by major data breaches in the past year.  But data breaches are not just limited to large national companies or organizations. No one is immune. For most organizations—big or small—the question is not “if” they will be impacted by a data breach, but “when.” This seminar will help attendees gain a better understanding of what to do in the aftermath of a data breach, analyzing such questions as:
  • What should I expect after a ...
MVA Seminar - Limiting Legal Liability for Potential Privacy and Data Security Issues: Practical Approaches to a Complex Problem
LIMITING LEGAL LIABILITY FOR POTENTIAL PRIVACY AND DATA SECURITY ISSUES: PRACTICAL APPROACHES TO A COMPLEX PROBLEM (APRIL 29, 2015):  You know that privacy and data security issues pose a huge risk for your company.  Regulatory penalties, litigation costs and recovery, and even just the cost of analyzing a data breach and sending out required notices can hurt a company’s bottom line not to mention its reputation.  Target’s breach cost the company over $148 million.  Fortunately, there are practical steps that your company can take now to limit liability when the inevitable ...
An Early Christmas Present for Consumers?  Court Rules that Retailers Can Be Liable to Banks Arising from Data Breaches.

by Privacy & Data Security Members Karin McGinnis & Robert Sumner

Cyber-Monday sales weren’t the only good thing that happened for consumers this week.  Later in the week a federal judge in Minnesota thwarted Target’s attempt to dismiss a lawsuit brought by banks and credit unions arising out of the massive data breach last year.  Although the breach and access to the credit card information of some 40 million consumers resulted from hackers obtaining the password of a Target vendor who was accessing an unrelated subsystem, the banks and credit unions claimed that Target was liable ...

Apple Strengthens Privacy Protections

Apple recently changed its privacy policy which has made headlines – it will no longer unlock iPhones and iPads for law enforcement.  Prior to this change, Apple would assist law enforcement in unlocking Apple devices when presented with a valid subpoena or court order.

According to Apple’s CEO, Tim Cook, the company attempts to avoid collecting user data when it designs new technology and services.  The most recent version of Apple’s mobile device operating system, iOS 8, encrypts the data for all iOS 8 applications, such as email, call records, and iMessage, and this data is ...

Do Employees Have the Right to Access Social Media in the Workplace?  Can Employers Block Social Media Websites?

A Pew Foundation study earlier this year found that 87% of all adults in the United States access the Internet or email, either through computers or mobile devices.  The same study found that of those adults, as many as 74% are using some form of social media, including Facebook, Instagram, Twitter and LinkedIn.  Given those numbers, it’s no wonder that many employers are concerned with managing their employees’ use of social media at work.

The conventional wisdom among many employers has long been that access to social media can be harmful to worker productivity.  Visions of ...

Social Media Password Protection: Where are we now?

In just two years, social media password protection has gone from a privacy advocate’s dream to an employer’s harsh reality in many states.  Maryland became the first state (in 2012) to enact legislation that prevented employers from requesting the user names or passwords to an employee’s or applicant’s personal social media accounts.  Two states quickly joined Maryland in 2012 by passing similar password privacy laws, and nine more states added privacy protections in 2013.

So far in 2014, six states – Louisiana, New Hampshire, Oklahoma, Rhode Island, Tennessee and ...

About Data Points: Privacy & Data Security Blog

The technology and regulatory landscape is rapidly changing, thus impacting the manner in which companies across all industries operate, specifically in the ways they collect, use and secure confidential data. We provide transparent and cutting-edge insight on critical issues and dynamics. Our team informs business decision-makers about the information they must protect, and what to do if/when security is breached.

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