Privacy, Data & Cyber Law

EU’s Top Court Limits ‘Right To Be Forgotten’
October 15, 2019 | Privacy, Data & Cyber Law
While the U.S. government remains unable to enact comprehensive privacy legislation in response to new technologies and growing privacy concerns, numerous states across the country, including New York, have adopted privacy laws and regulations seeking to address specific issues or that are applicable to specified entities. Some of these new rules affect a broad swath …
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Consumer Watchdog Warns of Security Risk of Internet-Connected Vehicles
August 20, 2019 | Avigael C. Fyman | Privacy, Data & Cyber Law
In a recently issued report, titled “Kill Switch: Why Connected Cars Can Be Killing Machines and How to Turn Them Off,” Consumer Watchdog, a nonprofit consumer advocacy organization, warned that millions of internet-connected cars already on the roadways may be dangerously vulnerable to hacking. While fully autonomous self-driving vehicles may be years away from widespread …
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2019 Report Quantifies Data Breach Costs, Suggests Cost Mitigators
| Shari Claire Lewis | Privacy, Data & Cyber Law
Organizations big and small are making significant investments in cybersecurity. Yet, unlike other investments, it’s difficult to assess a company’s return on investment for its cybersecurity spending. And while businesses in regulated industries must invest in cybersecurity to remain in compliance with prevailing laws and therefore stay in business, there is no such straight line …
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Facebook Finds Refuge in Section 230, at Least for Now
| Privacy, Data & Cyber Law
Section 230(c)(1) of the Communications Decency Act of 1996 (CDA) was enacted to facilitate the growth of the internet, by immunizing internet service providers (ISPs) from liability in connection with third party content that appeared on their “interactive computer service.” It states: “No provider or user of an interactive computer service shall be treated as …
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Lessons from the FTC Settlements with Facebook and Equifax
July 30, 2019 | Marc S. Ullman | Privacy, Data & Cyber Law
Recent settlements of Federal Trade Commission (FTC) actions against Facebook and Equifax received significant publicity for the deals’ large payments to consumers and the Commission. Facebook’s deal calls for a $5 billion penalty for misuse of user’s private data. The Equifax deal requires the company to pay up to $575 million to consumers whose personal …
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The SHIELD Act: New Cyber Requirements for New York Businesses
July 29, 2019 | Shari Claire Lewis | Privacy, Data & Cyber Law
On July 25, 2019, the Stop Hacks and Improve Electronic Data Security (SHIELD) Act was signed into law by Governor Cuomo. It will become effective on October 23, 2019. The Act makes important updates to the way that businesses must respond to data breaches and imposes new requirements on businesses to enact data security programs …
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Use of Facebook ‘Like’ Button May Put Websites on the Hook
| Shari Claire Lewis | Privacy, Data & Cyber Law
On July 29, 2019, a judgment was issued by the European Union’s Court of Justice that highlights the need for online businesses to be aware of how user data is shared when third party plug-ins are included on their websites. The Court of Justice’s decision has been highly anticipated as to it reflects the extent …
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Ransomware Goes Public: Cities Pay Over $1 Million to Get Their Data Back
July 16, 2019 | Marc S. Ullman | Privacy, Data & Cyber Law
In the second and third week of June, the municipalities of Lake City, and Riviera Beach, Fla., agreed to pay a combined total of over $1 million to cyber criminals claiming responsibility for shutting down municipal computer systems necessary to the operation of crucial municipal functions. The Riviera Beach attack was traced to an email …
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US, European Regulators Levy Massive Fines for Privacy Violations
| Avigael C. Fyman | Privacy, Data & Cyber Law
This past week, the Federal Trade Commission (FTC) voted to approve a record-breaking $5 billion settlement with Facebook, resolving its investigation into the charge that the company violated a prior settlement with the Commission when it improperly permitted political data firm Cambridge Analytica to access 87 million users’ personal information. Cambridge Analytica created personality quiz …
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Unwanted Texts Alone Can Justify Standing, 2d Circuit Decides
June 17, 2019 | Shari Claire Lewis | Privacy, Data & Cyber Law
A plethora of federal laws address the proliferation of technology-enabled automated communications in a variety of areas, including finance, commerce, credit, and health. Although the general objective is to address individual privacy and data security concerns, each law contains distinct goals, technical requirements, and remedies if violated. One issue that continues to evolve is whether …
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