By Bret Buckler and Todd Taylor Recently the state of California passed a data privacy and security law called the California Consumer Privacy Act (“CCPA”) (Assembly Bill 375, found here).
By Bill Butler Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. In reversing the district court’s dismissal of the class action, the D.C. Circuit held that the … Continue reading
Recently the state of New Mexico enacted the Data Breach Notification Act, making it the 48th state in the United States to enact a statute requiring notice to individuals impacted by a data breach. In doing so, New Mexico follows some trends we’ve been predicting at the state level. These trends include covering encrypted data … Continue reading
By Bill Butler In August 2016, the Federal Trade Commission (“FTC”) addressed the effect of the Cybersecurity Framework (“NIST Framework”) issued by the National Institute of Standards and Technology on FTC enforcement actions under Section 5 of the FTC Act. While there have been few enforcement actions to gauge the actual impact of the NIST … Continue reading
We don’t see a lot of data breach litigation here in the Fourth Circuit, so it is notable that the Fourth Circuit Court of Appeals issued an opinion recently that weighs in on the standing debate (For more on the debate: Constitutional Standing Provides Fertile Battleground In Data Breach Litigation). In Beck v. McDonald, the plaintiffs in … Continue reading