data breach

Passports and biometric data would be included in the types of personal information covered by California’s data breach notification law, under a bill that passed the state Senate and is
Continue Reading Proposal Would Add Passports, Biometric Data to California’s Data Breach Notification Law

Don’t store users’ passwords in cleartext. Really.

It’s not a good idea. Also, it may be deemed a ‘knowing violation’ of the EU General Data Protection Regulation (GDPR) requirement to
Continue Reading Storing Users’ Passwords in Cleartext May Be a ‘Knowing Violation’ of GDPR

The freedom from automated calls at random hours of the evening may seem like the true American dream these days as more and more companies rely on these calls to reach out and communicate with customers. Unfortunately, now that the Federal Communications Commission (“FCC”) voted to expand the Telephone Consumer Protection Act (“TCPA”) to include stringent yet vague restrictions on telemarketing robocalls, it may not be a dream for everyone.
Continue Reading A Dream or A Nightmare? How the FCC’s Addition of Vague Robocall Rules to the TCPA May Increase Litigation and Issues for Businesses

A recent District of Nevada ruling could cause issues for consumers in data breach class action cases moving forward. On June 1, 2015, the court ruled that a consumer class action against Zappos.com Inc. could not proceed because the class did not state “instances of actual identity theft or fraud.” The suit was brought as a result of a 2012 data breach where Zappos’ customers’ personal information was stolen, including names, passwords, addresses, and phone numbers. Even though the information was stolen, the court dismissed the case because the class could not prove that they had been materially harmed and had no other standing under Article III.
Continue Reading Further Thoughts on Data Breaches and Article III Standing

With 2013 being dubbed as the “Year of the Mega Breach” it comes as no surprise that the Federal Trade Commission (“FTC”), on June 30, 2015 published “Start with Security: A Guide for Businesses” to educate and inform businesses on protecting their data.
Continue Reading Their Experience, Your New Business Guide: How Settling Over Fifty Data Security Cases has Given Rise to Key Lessons from the FTC for Businesses

Copyright: argus456 / 123RF Stock Photo
Copyright: argus456 / 123RF Stock Photo

Fox Rothschild partner Scott L. Vernick was quoted in The New York Times article, “Hacking Victims Deserve Empathy, Not
Continue Reading Fox’s Scott Vernick Quoted in New York Times Article “Hacking Victims Deserve Empathy, Not Ridicule”