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Karin M. McGinnis

With two decades of experience as a practicing attorney, Karin McGinnis, CIPP US, has handled a wide variety of privacy and data security matters for her clients, with a special emphasis on privacy and data security issues in the workplace. Ms. McGinnis’ privacy and data security experience includes counseling and litigation regarding misappropriation of trade secrets, violation of the Computer Fraud and Abuse Act and state computer trespass laws, common law privacy torts, discovery challenges posed by the Stored Communications Act, privacy of consumer financial information under Gramm-Leach-Bliley, and confidentiality rights concerning mental health consumers. Ms. McGinnis also handles a wide variety of data breach matters for her clients, including those involving PCI-DSS compliance, and has worked with the USSS and the FBI in investigating potential cyber-crime. She has assisted clients with drafting and creating data breach procedures, mobile device policies and agreements, FACTA Red Flag policies and procedures, online privacy policies, international ethics hotlines, international data transfer agreements, vendor agreements, and employee data security training. Ms. McGinnis is co-chair of the firm’s Privacy and Data Security Group.
Karin M. McGinnis has written 12 posts for Data Points

Two Proposed Data Security Laws Reflect National Trend Toward Affirmative Responsibilities

With major consumer data breaches making headlines on a semi-regular basis, legislators around the country are starting to hold businesses more accountable for cybersecurity compliance.  Industry-specific laws such as HIPAA and the Gramm-Leach-Bliley Act (GLBA) already establish federal data security standards for some companies, and the Federal Trade Commission has taken the position that failure … Continue reading

New Mexico Becomes 48th State to Enact Data Breach Statute

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

Beck v. McDonald – 4th Circuit Weighs In on Standing in Data Breach Case

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

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company.  It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss through misuse of the data.  Not all victims, or courts, agree.  As a result, standing, … Continue reading

FTC Data Security Standards: Final Order in the ASUSTeK Case; No Mercy for LabMD

The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC has taken the position that its complaints and orders set the standard for adequate data security (DataPoints: Reading … Continue reading

EU Article 31 Committee Approves EU-US Privacy Shield

EU Member States (the Article 31 Committee)  approved today the EU-US Privacy Shield.  The next step is formal adoption.  The full press release can be found here.

Another Challenge for Information Governance: The Defense of Trade Secrets Act

Tandy Mathis and Karin McGinnis Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade secrets.  The Defense of Trade Secrets Act (“DTSA”) both provides another tool for companies to pursue misappropriators of … Continue reading

U.S. Government Petitions to Join Data Privacy Litigation Against Facebook in Ireland

On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use of model contract clauses to transfer EU citizens’ data from the EU to the U.S. as … Continue reading

President Obama Signs New Privacy Law – Judicial Redress Act

On February 24, 2016, President Obama signed into law the Judicial Redress Act giving citizens of certain “covered countries” access to U.S. courts to protect their privacy and take legal action against U.S. government agencies if their personal data is unlawfully disclosed.  The  Act provides that the U.S. Secretary of State, the Treasury Secretary and … Continue reading

US and EU “Privacy Shield” Framework for Cross-Border Data Transfers Submitted to Article 29 Working Party Today

by Privacy & Data Security Member Karin McGinnis

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The technology and regulatory landscape is rapidly changing, thus impacting the manner in which companies across all industries operate, specifically in the ways they collect, use and secure confidential data. Moore & Van Allen’s Privacy & Data Security Group recognizes the challenges clients face in the effort to stay abreast of such volatility. “Data Points” seeks to educate by providing transparent and cutting-edge insight on the most critical issues and dynamics. Our goal is to inform business decision-makers who are navigating these waters about the information they must protect, and what to do if/when security is breached.

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