Privacy & Security Matters Mintz Levin : Data Compliance & Security, Employee Privacy Lawyer & Attorney

Category Archives: Data Breach

Subscribe to Data Breach RSS Feed

Get your updated Mintz Matrix!

Posted in Data Breach, Data Breach Notification

As our readers know, we maintain a summary of the US state data breach notification laws, which we refer to as the “Mintz Matrix.”   We update the Mintz Matrix on a quarterly basis, or more frequently if developments dictate. We’ve updated the Mintz Levin State Data Breach Notification Matrix to reflect recent changes to Kentucky’s… Continue Reading

Target Becomes a Target: Proposed California Bill Aims to Make Retailers Liable for Data Breach Incidents

Posted in Data Breach, Data Breach Notification, Privacy Regulation

Written by Jake Romero, CIPP/US Following a string of high-profile data breaches and new data suggesting that approximately 21.3 million customer accounts have been exposed by data breach incidents over the past two years, the California legislature has introduced legislation aimed at making retailers responsible for certain costs in connection with data breach incidents.  If… Continue Reading

Aggressive Liability Theory Does Not Eliminate Obstacles To Banks’ Claims In Target Data Breach Class Action

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin McGinty The latest salvo in the Target data breach litigation is a class action brought by credit card issuing banks advancing a creative and somewhat misleading construction of the Minnesota’s Plastic Card Security Act.  The banks allege that there was a violation of the statute’s prohibition on retaining PIN, security code and… Continue Reading

Privacy Monday – March 31, 2014 OPENING DAY!

Posted in Cybersecurity, Data Breach, Data Breach Notification, Employee Privacy, Uncategorized

Last Monday in March (Opening Day for you baseball fans) - some privacy/security bits and bytes to close out the month. Microsoft:  “We won’t access private e-mail accounts …  Promise.” Microsoft has committed to no longer accessing the private e-mail accounts of its users after criticism that the company looked at the e-mail of a former employee… Continue Reading

The Target Breach Update

Posted in Cybersecurity, Data Breach

It has been difficult to keep up with all the various permutations of the Target data breach saga. Yesterday, the fingerpointing continued in the form of the release of a Harris Poll and testimony on Capitol Hill at a U.S. Senate hearing. 

Privacy Monday – March 24, 2014

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Privacy Monday

Welcome to March Madness — although if your brackets look anything like mine do this morning, it is not particularly “welcome.”   Let’s just say that there is no danger of my winning Warren Buffet’s $1 billion. Privacy and cybersecurity continue to be hot topics and the breaches roll on.   Here are some privacy and security… Continue Reading

Over 20 Million Customer Accounts Affected by Data Breaches in California; Attorney General Harris Promises Increased Enforcement

Posted in Cybersecurity, Data Breach, Privacy Regulation

Written by Jake Romero, CIPP/US When you think of catastrophic events that take place online and have a devastating effect on millions of people, you probably think of HBO Go crashing during the True Detective finale.  However, California Attorney General Kamala Harris wants to remind you that you should be thinking about data breaches.  New… Continue Reading

Data: Big, Borderless and Beyond Control? Five Things You Can Do

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Employee Privacy, Security

Written by Amy Malone There’s been a lot of talk about big data over the last few years and the breaches at Target and Neiman Marcus have many companies running in circles trying to figure out how to protect their systems and their data.  So what are some of the big issues in our current… Continue Reading

Risky Business: Target Discloses Data Breach and New Risk Factors in 8-K Filing… Kind Of

Posted in Data Breach, Data Breach Notification, Privacy Regulation

Written by Adam Veness After Target Corporation’s (NYSE: TGT) net earnings dropped 46% in its fourth quarter compared to the same period last year, Target finally answered the 441 million dollar question – To 8-K, or not to 8-K?  Target filed its much anticipated Current Report on Form 8-K on February 26th, just over two… Continue Reading

Privacy Monday – February 24, 2014

Posted in Cybersecurity, Data Breach, Privacy Monday

On this Privacy Monday: US Attorney General Puts Pressure on Congress for Data Breach Disclosures Today, US Attorney General Eric Holder urged Congress to pass legislation requiring retailers to make significant customer data breaches known in a timely manner.   This push follows Congressional hearings where members of Congress expressed dismay over the Target and Neiman… Continue Reading

“Sophisticated” Breach Exposes 300,000 Student Records at University of Maryland: 3 Questions You Should Ask

Posted in Cybersecurity, Data Breach, Data Breach Notification

  Officials at the University of Maryland (“University” or “UMD”) announced that UMD was the victim of a significant security breach that took place on Tuesday, February 18 (the “Breach” or “Incident”). The Incident, characterized as a “sophisticated computer security attack” by both the University’s President and the Chief Information Officer, exposed records containing the… Continue Reading

Damages Issues Again Thwart the Bulk of Plaintiffs’ Claims in the PlayStation Network Data Breach Class Action

Posted in Class Action Litigation, Data Breach

Written by Kevin McGinty In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint.  Plaintiffs, representing a putative nationwide class of PSN users, asserted dozens of state… Continue Reading

To 8-K, or not to 8-K? For Target, that is indeed the question.

Posted in Data Breach, Data Breach Notification

Written by Adam Veness and Cynthia Larose As anyone with a pulse and a computer, television or carrier pigeon knows, Target Corporation (NYSE: TGT) suffered a major data breach in December – the extent of which is still being uncovered – and pegs the latest number of customers that have had their personal information stolen anywhere… Continue Reading

Happy 2014!

Posted in Data Breach

After a brief hiatus for the holidays and our “12 Days of Privacy” series, we are back. We have had a series of late year — and new year — data breaches in the news.   These latest incidents should prompt New Year’s resolutions to undertake risk assessments and internal reviews of data security practices… Continue Reading

On the 12th Day of Privacy, ISO gave to me….

Posted in Data Breach, Data Breach Notification

No, not this ISO  – THIS ISO  Written by Nancy Adams, CPCU The question is not whether a company will be the target of a data breach, but when.    Verizon’s most recent Data Breach Investigation Report states that, in 2012, there were over 47,000 reported security incidents, which resulted in 621 confirmed data disclosures and at… Continue Reading

On the 11th Day of Privacy, class counsel served on me……

Posted in Class Action Litigation, Data Breach

. . . a data breach class action.  Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate.  On this 11th Day of Privacy, we look ahead at the prospects for privacy class actions in the coming year. Written by Kevin McGinty When asked why he robbed banks,… Continue Reading

On the Fifth Day of Privacy, the SEC Gave to Me…..

Posted in Cybersecurity, Data Breach, Privacy Litigation, Security

Sing it with me now….. FIVE GOLDEN RULES! Written by Adam Veness As public companies prepare for the New Year and the start of yet another annual reporting season, it is the perfect time to reflect on our 2013 prediction that the SEC would require greater disclosure relating to cybersecurity risks and data breaches.  As… Continue Reading

Time to Change that Facebook Password

Posted in Data Breach

If you haven’t been paying attention to “password hygiene” preached by this blog and others, perhaps it’s time.    Jose Pagliery from CNNMoney reports of a large-scale hack that has compromised over 2 million passwords at Facebook, Gmail, Twitter, Yahoo and others. Here is the partial list – 318,000 Facebook accounts 70,000 Gmail, Google+ and YouTube accounts… Continue Reading

Privacy Monday – November 11, 2013

Posted in Data Breach, Data Breach Notification, Privacy Monday

    First and foremost, this is Veterans’ Day in the US.      Let’s take a moment to thank all of those who served and who still serve, and honor the memory of those who gave their all.     Businesses are offering special deals to veterans today — here’s a good list.   Nice gesture, but let’s remember them… Continue Reading