Privacy and Security Matters Blog - Privacy and Security Information

Written by Kevin McGinty With the inevitability of death and taxes, data breaches spawn class action lawsuits.  The massive Sony PlayStation Network data breach has now resulted in the filing of a class action in federal court in Massachusetts captioned Thompson v. Sony Computer Entertainment.  The named plaintiff asserts her claims on behalf of a putative class consisting of all persons nationwide “who purchased a Sony PlayStation console and subscribed to the PlayStation Network or Qriocity service, and suffered loss of service and have had personal or financial data stolen or compromised from Defendants’ computer systems.”   (Full disclosure:  I am... More

Written by Kevin McGintyIt’s a distressingly common scenario. A corporate laptop containing job applicant data, including social security numbers, is stolen from an employee who has taken the laptop off of corporate premises. Access to the social security numbers makes it possible for wrongdoers to engage in identity theft. Is an applicant’s fear that data will be misused enough to support claims for negligence and breach of contract against the company? The federal Ninth Circuit Court of Appeals has joined a growing number of courts in answering that question in the negative. In Ruiz v. Gap, Inc., the court held... More

My colleague, Kevin McGinty, has penned an interesting analysis of the latest in the class action litigation arising out of the Hannaford supermarket chain data breach.Specifically, Maine’s highest court is being asked to determine whether the law recognizes the time and effort payment cardholders spend trying to protect themselves after a data breach as a “substantial injury” for which they can be compensated. Kevin analyzes how the Maine Supreme Court's decision could affect the protections that zero-liability programs afford retailers involved in data breaches because consumers do not experience actual out-of-pocket damages.Links:Mintz Levin Privacy and Class Action AlertMotion to DismissComplaint... More

Here we go …..... More