On October 12, 2021, New Jersey Acting Attorney General Andrew J. Bruck and the Division of Consumer Affairs announced a settlement with Diamond Institute for Infertility and Menopause, LLC over a data breach that compromised the personal information of 14,663 patients, including 11,071 New Jersey residents. The Division of Consumer Affairs alleged that the fertility clinic violated the New Jersey Consumer Fraud Act and the federal HIPAA’s Privacy and Security Rules by removing protected health information safeguards.
Continue Reading New Jersey Acting Attorney General Announces Data Breach Settlement with Fertility Clinic

On September 22, 2021, Secretary of Homeland Security Alejandro N. Mayorkas and Secretary of Commerce Gina Raimondo released a joint statement on the Department of Homeland Security’s issuance of preliminary Critical Infrastructure Control Systems Cybersecurity Performance Goals and Objectives. The Preliminary Goals identify nine overarching control system cybersecurity performance goals, each containing specific objectives to support the deployment and operation of secure control systems.
Continue Reading DHS Issues Cybersecurity Guidance for Critical Infrastructure Firms

On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control issued an Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments on the sanctions risks associated with facilitating ransomware payments. OFAC, with assistance from the FBI, also designated SUEX OTC, S.R.O., as a malicious cyber actor, the first such sanctions designation against a virtual currency exchange.
Continue Reading OFAC Again Says Beware of Sanctions When Making Ransomware Payments and Designates Virtual Currency Exchange as Malicious Cyber Actor

On July 30, 2021, the UK High Court handed down its judgment in the case of Warren v DSG Retail Ltd [2021] EWHC 2168 (QB), determining that the claimant could not seek damages on the basis of misuse of personal information, breach of confidence or common law negligence following a data breach.
Continue Reading UK High Court Dismisses Claims Following DSG Data Breach

In July 2021, the U.S. Department of Homeland Security’s Transportation Security Administration announced a new Security Directive requiring owners and operators of certain critical pipelines transporting hazardous liquids and natural gas to implement specific cybersecurity measures.
Continue Reading U.S. Department of Homeland Security Announces Additional Pipeline Cybersecurity Directive

On July 28, 2021, President Biden signed a National Security Memorandum that formally establishes an Industrial Control Systems Cybersecurity Initiative and directs the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency and the Department of Commerce’s National Institute of Standards and Technology, in collaboration with other agencies, to develop and issue cybersecurity performance goals for critical infrastructure.
Continue Reading White House Issues Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems

On April 9, 2021, the First-Tier Tribunal of the General Regulatory Chamber stayed proceedings in Ticketmaster UK Limited’s (“Ticketmaster’s”) appeal against a fine issued by the UK Information Commissioner’s Office (“ICO”) until 28 days after a judgment in civil litigation brought by 795 customers against Ticketmaster. The group action, which relates to the breach for which Ticketmaster was fined by the ICO, is currently before the High Court in England. As a result of the stay in proceedings, the appeal likely will not be heard before the Tribunal until mid to late 2023.

Continue Reading Ticketmaster Appeal of ICO Fine Stayed by UK Tribunal Until 2023