Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]
On March 10, 2016, the Federal Communications Commission (FCC) Chairman Tom Wheeler circulated a Notice of Proposed Rulemaking (NPRM) regulating how broadband Internet service providers can use and share customer data. According to a Fact sheet that the FCC released and that summarizes the NPRM, the proposed rules deal specifically with consent to use/sharing of data, breach notification […]
Tags: DATA PROTECTION
On February 29, 2016, the European Commission issued the legal texts to implement the EU-US Privacy Shield and a communication relevant to that. The Commission also released a draft “adequacy decision”. Once adopted, the adequacy decision establishes that “the safeguards provided when data are transferred under the new EU-U.S. Privacy Shield are equivalent to data protection standards […]
On February 2, 2016, the EU Commission and the U.S. government approved the EU-U.S. “Privacy Shield”. This new framework reflects the requirements set out by the European Court of Justice in its ruling of October 6, 2015, which declared the old Safe Harbor framework invalid (see here for more information). The new Privacy Shield will […]
Tags: DATA PROTECTION, INTERNATIONAL DATA PROTECTION, US PRIVACY
The vast difference between the views of privacy held in the US and in the EU is illustrated by the divergent paths of two prominent data privacy actions. In the EU, the action was brought by Max Schrems as a complaint before the Irish Data Protection Commissioner, claiming that Facebook’s transfer of user data to […]
The vast difference between the views of privacy held in the US and in the EU is illustrated by the divergent paths of two prominent data privacy actions. In the EU, the action was brought by Max Schrems as a complaint before the Irish Data Protection Commissioner, claiming that Facebook’s transfer of user data to […]
On September 23, Advocate General Yves Bot at the European Court of Justice (“AG”) released his Opinion in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). Waiting for the decision of the European Court of Justice – expected on October 6 – and keeping in mind that the Court follows the Advocate General’s opinions 80% of […]
On September 23, Advocate General Yves Bot at the European Court of Justice (“AG”) released his Opinion in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). Waiting for the decision of the European Court of Justice – expected on October 6 – and keeping in mind that the Court follows the Advocate General’s opinions 80% of […]
The Target breach illustrates the breadth of applicable state laws when a data breach affects a large company. On December 19, 2013, Target announced that it had been the victim of a criminal attack on its computer network by third-party intruders who stole payment card data and other personal information from Target shoppers who shopped at Target […]
The news has been saturated lately by stories of data breaches. The IRS discovered recently that a breach of citizens’ tax return information covered more than 330,000 taxpayers, three times that originally identified in May of this year. Target’s data breach in 2013 is back in the news because the company just settled claims against it by […]