Posts about Data Breaches by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
In a recent case, the U.S. Court of Appeals for the 11th Circuit weighed in on an issue that has continued to confound courts: Is there an injury caused by a data breach when victims don’t immediately suffer financial fraud? I wrote on this issue in an article with Professor Danielle Citron in 2018, Risk and Anxiety: […]
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, […]
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 . . .
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 […]
In the annals of what must be one of the most ridiculous data security incidents, a law firm employee sent a client file on an unencrypted thumb drive in the mail. The file contained Social Security information and other financial data. Seriously? The envelope arrived without the USB drive. The firm contacted the post office. […]
Cybersecurity litigation is currently at a crossroads. Courts have struggled in these cases, coming out in wildly inconsistent ways about whether a data breach causes harm. Although the litigation landscape is uncertain, there are some near certainties about cybersecurity generally: There will be many data breaches, and they will be terrible and costly. We thus […]
In the period of just a week, California passed a bold new privacy law — the California Consumer Privacy Act of 2018. This law was hurried through the legislative process to avoid a proposed ballot initiative with the same name. The ballot initiative was the creation of Alastair Mactaggart, a real estate developer who spent […]
I hope you enjoy my latest cartoon about data security — a twist on the angel on one shoulder and devil on the other. Humans are the weakest link for data security. Attempts to control people with surveillance or lots of technological restrictions often backfire. I believe that the most effective solution is to train […]
I hope you enjoy my latest cartoon about passwords on the Dark Web. These days, it seems, login credentials and other personal data are routinely stocking the shelves of the Dark Web. Last year, a hacker was peddling 117 million LinkedIn user email and passwords. And, late last year, researchers found a file with 1.4 billion passwords […]
In In re Zappos.com, Inc., Customer Data Security Breach Litigation (9th Cir., Mar. 8, 2018), the U.S. Court of Appeals for the 9th Circuit issued a decision that represents a more expansive way to understand data security harm. The case arises out of a breach where hackers stole personal data on 24 million+ individuals. Although […]