PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

The Impact of the Schrems II Decision: An Interview with Wim Nauwelaerts

In Facebook Ireland Ltd. v. Maximillian Schrems (Schrems II) (July 16, 2020), the European Court of Justice (CJEU) invalidated the Privacy Shield, a widely-used method to transfer personal data from the EU to the US. The decision also put other data transfer mechanisms—Standard Contractual Clauses (SCC) and Binding Corporate Rules (BCRs)—into significant doubt. The court’s concern was the deficiency of […]

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The Deal with Data Rights: An Interview with Heather Federman

Numerous privacy laws are requiring that companies provide individuals with data rights — rights to access their data, correct their data, learn about uses of their data, delete their data, and more. Administering these rights can be quite complicated for organizations.   […]

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How Cyberinsurance Is Responding to Ransomware: An Interview with Ken Suh, Mark Singer, and Marcello Antonucci

Ransomware has long been a scourge, and it has been growing into a pandemic with no signs of slowing down. I recently had the opportunity to discuss ransomware with several experts at Beazley. Based in Chicago, Ken Suh is the focus group leader for cyber & tech claims at Beazley. Mark Singer is a cyber & tech […]

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Ransomware and the Role of Cyber Insurance: An Interview with Kimberly Horn

hacker setting up ransomware

Ransomware has long been a scourge, and it’s getting worse. I recently had the chance to talk about ransomware and cyber insurance with Kimberly Horn, the Global Claims Team Leader for Cyber & Tech Claims at Beazley. Kim has significant experience in data privacy and cyber security matters, including guiding insureds through immediate and comprehensive responses to […]

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A Terrifying New Dimension of Ransomware

Ransomware

Ransomware has long been a scourge. Since at least 2012, ransomware has grown dramatically. Ransoms have increased — the average ransom payout is now more than $40,000.   Organizations most hit are public sector, software services, professional services, and healthcare.  Healthcare, in particular, is a soft target because of the need to get systems back and […]

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Top 10 Privacy Law Developments of the Decade 2010-2019

Top 10 Privacy Law Developments of the Decade 2010-2019 02

It is an understatement to say that a lot has happened in privacy law during the past decade. Here is my list of the most notable developments. NOTE: I am giving a particular emphasis to what I find to be notable from a United States perspective.  What is notable privacy law depends upon where one […]

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Cartoon on Data Breach

Cartoon Data Security Breach 02 small

This cartoon is about evolution of data breaches, which began to grab headlines back in 2005, thanks in large part to California’s data breach notification law — the first of such laws.  Since that time, every state has passed breach notification laws, and there are breach notification laws sprouting up around the world.  Every day, […]

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Cartoon: Data Breach Notification

Cartoon Data Beach Notification - TeachPrivacy Security Awareness Training 02 small

This cartoon is about data breach notification.  All 50 states plus the District of Columbia and Puerto Rico now have data breach notification laws, and breach notification laws are spreading around the globe.  And, as is often said in data security, it’s not whether a breach will happen, but when . . . […]

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Increasing State HIPAA Enforcement: Highlights from 2018

State HIPAA Enforcement - increasing 02

There have been quite a number of state HIPAA enforcement cases this year, and one expert points out a trend toward increasing state enforcement of HIPAA. An article in Data Breach Today discusses a number of state HIPAA enforcement cases.  Here are some of the ones discussed: Massachusetts — $75,000 settlement with McLean Hospital for […]

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Archive of Concurring Opinions Posts

Concurring Opinions Archive Daniel Solove Posts

It is sad to say goodbye to ConcurringOpinions.com, a law professor blog I co-founded in 2005.  The blog began when a group of us (Dave Hoffman, Kaimi Wenger, Nate Oman, and me) who were blogging at PrawfsBlawg decided we wanted more autonomy in blog governance, so we founded Concurring Opinions.   Over the years, we added […]

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