California Governor Brown is preparing to sign into law an unprecedented children’s online privacy bill (S.B. 568), which adds a new chapter to the State’s Business and Professions Code (BPC) to protect the online privacy of children and teenagers who are under 18 years of age and reside in the State of California. The bill […]
NIST Meeting to Finalize Cybersecurity Framework
Ongoing efforts to finalize a framework for the development of voluntary cybersecurity standards for critical infrastructure industries continued in Dallas this week. NIST led a workshop with government and private sector officials to work through the details of the draft framework published on August 28th and required under Executive Order 13636. A formal proposal will be issued for […]
Fifth Circuit Revives Banks’ Heartland Data Breach Claims
In Lone Star Nat’l Bank, N.A., et al. v. Heartland Payment Sys., Inc., No. 12-20648 (5th Cir. Sept. 3, 2013) (hereinafter “Heartland”), arising from the now-infamous 2008 data breach, the Fifth Circuit recently reversed a motion to dismiss, finding that the economic loss doctrine did not apply and that various credit card issuers could state […]
Illinois District Court Dismisses Data Breach Claims for Lack of Standing
In In re Barnes & Noble Pin Pad Litigation, No. 1:12-cv-08617 (N.D. Ill. Sept. 3, 2013), the United States District Court for the Northern District of Illinois dismissed a putative class action against defendant retailer Barnes & Noble because the named plaintiffs could not establish injury in fact stemming from the alleged security breach, and […]
California Expands the Confidentiality of Medical Information Act to Personal Health Records and Mobile Applications
With the increasing use of mobile applications and the storage of medical information online, there is a growing concern for preventing the unauthorized use, disclosure and access to such highly confidential information. According to the California Department of Justice’s Privacy Enforcement and Protection Unit, personal health records (PHRs) are defined as “Internet-based applications that allow […]