Joseph Sullivan, Uber’s beleaguered former Chief Information Security Officer, was back in the news last month when he appealed his 2023 conviction for his role in concealing a 2016 breach of Uber’s network and customer data. Continue Reading ›
We’re thrilled to announce exciting new additions to the Constangy Cyber Team, with three new partners and a law clerk. Each new team member brings unique experience and skills to our offices in Philadelphia, Chicago, and New York. Continue Reading ›
New York’s Cybersecurity Regulation continues its phased roll-out on November 1, when licensed financial services companies face a host of new requirements aimed at bolstering breach readiness and improving their ability to recover from disastrous situations. Companies will be required to put in writing how they would address several common pressure points in the breach response and mitigation process – including how they plan to recover from backups if critical data is lost. Continue Reading ›
Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or protected health information of their employees or customers. Continue Reading ›
The NetDiligence Cyber Risk Summit, which was held September 30-October 2 in Philadelphia, featured panels focused on the latest developments and challenges in cyber risk. Speakers included insurance, legal, and technology experts from a wide variety of organizations in the cyber risk industry. Continue Reading ›
On October 1, Montana became the newest state with a comprehensive data privacy law, the Montana Consumer Data Privacy Act. Continue Reading ›
The Commonwealth of Pennsylvania has amended its Breach of Personal Information Notification Act. The amendments, available here 2024 Act 33 - PA General Assembly (state.pa.us), took effect last week, on September 26. The key provisions are as follows: Continue Reading ›
On April 24, the Federal Trade Commission announced that it had finalized changes to its Health Breach Notification Rule - to address emerging technologies.
Specifically, the Rule was broadened to (1) apply to entities not currently subject to the Health Insurance Portability and Accountability Act, (2) clarify what a breach of security is, (3) expand notification methods, (4) impose additional requirements for the content of notifications, and (5) amend the timeframe for issuing required notifications to the FTC. Continue Reading ›
Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support the suits. Some lawsuits assert violation of laws that are not particularly cutting edge, such as the Video Privacy Protection Act, or cite to non-disclosed use of more modern technology such as tracking pixels. In many of the lawsuits, both types of claims are asserted. Continue Reading ›
Laura Balson in our Chicago office recently discussed an amendment to the Illinois Biometric Information Privacy Act. At that time, the Illinois House and Senate had passed an amendment to Illinois Biometric Information Privacy Act, or “BIPA,” which was awaiting the signature of Gov, J.B. Pritzker (D). The amendment has now been signed and must be a consideration in BIPA litigation and in the use of biometric data.
Most significantly, the amendment specifies that an individual is limited to one recovery, even if there were multiple scans that violated the Act. This is good news for businesses. Continue Reading ›
The Constangy Cyber Advisor posts regular updates on legislative developments, data privacy, and information security trends. Our blog posts are informed through the Constangy Cyber Team's experience managing thousands of data breaches, providing robust compliance advisory services, and consultation on complex data privacy and security litigation.
