Personally Identifiable Information

On September 29, 2017, Samanage USA, Inc. (“Samanage”), a North Carolina-based technology company that provided cloud-based IT support services as a subcontractor for Vermont’s health care exchange (“Vermont Health Connect”), agreed to a $264,000 settlement with the Vermont Attorney General in relation to a breach that exposed the Social Security numbers of 660 Vermont Health Connect users.

Continue Reading Samanage USA, Inc. Agrees to Pay to Settle Vermont AG’s Data Security Investigation

On August 21, 2017, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a putative class action arising from the Scottrade data breach. Notably, however, the Eighth Circuit did not agree with the trial court’s ruling that the plaintiff lacked Article III standing, instead dismissing the case with prejudice for failure to state a claim.  Continue Reading Eighth Circuit Finds Article III Standing Yet Affirms Dismissal of Scottrade Breach Case

Recently, Nevada enacted an online privacy policy law which will require operators of websites and online services to post a notice on their website regarding their privacy practices. The Nevada law contains content requirements for online privacy notices, specifying that the notice must (1) identify the categories of personally identifiable information (“PII”) collected through the website and the categories of third parties with whom PII may be shared; (2) provide information about users’ ability to review and request changes to PII collected through the website; (3) disclose whether third parties may collect information about users’ online activities from the website; and (4) provide an effective date of the notice. Continue Reading Nevada Enacts Website Privacy Notice Law

On June 12, 2017, a putative class action was filed in the U.S. District Court for the Northern District of Georgia against Tempur Sealy International, Inc. and Aptos, Inc. Tempur Sealy is a mattress, bedding and pillow retailer based in Lexington, Kentucky. Aptos is headquartered in Atlanta, Georgia, and formerly hosted and maintained Tempur Sealy’s website and online payment system. The plaintiff alleges that the breach was discovered in November of 2016 and involved the exposure of payment card data and other PII of an undisclosed number of Tempur Sealy customers.    Continue Reading Tempur Sealy Data Breach: Putative Class Action Filed

On January 3, 2017, the Office of Management and Budget (“OMB”) issued a memorandum (the “Breach Memorandum”) advising federal agencies on how to prepare for and respond to a breach of personally identifiable information (“PII”). The Breach Memorandum, which is intended for each agency’s Senior Agency Official for Privacy (“SAOP”), updates OMB’s breach notification policies and guidelines in accordance with the Federal Information Security Modernization Act of 2014 (“FISMA”). Continue Reading OMB Publishes Memorandum on Responding to Data Breaches

On October 14, 2016, California Attorney General Kamala D. Harris announced the release of a publicly available online form that will enable consumers to report potential violations of the California Online Privacy Protection Act (“CalOPPA”). CalOPPA requires website and mobile app operators to post a privacy policy that contains certain specific content. Continue Reading California AG Announces Launch of Online CalOPPA Reporting Form

On April 13, 2016, Nebraska Governor Pete Ricketts signed into law LB 835 (the “Bill”), which among other things, adds a regulator notification requirement and broadens the definition of “personal information” in the state’s data breach notification statute, Neb. Rev. Stat. §§ 87-802 to 87-804. The amendments take effect on July 20, 2016. Continue Reading Amended Nebraska Data Breach Notification Law Adds Regulator Notification Requirement

On March 24, 2016, Tennessee Governor Bill Haslam signed into law S.B. 2005, as amended by Amendment No. 1 to S.B. 2005 (the “Bill”), which makes a number of changes to the state’s data breach notification statute, Tenn. Code § 47-18-2107. The amendments take effect on July 1, 2016. Continue Reading Amended Tennessee Breach Notification Law Tightens Timing Requirement