Category Archives: Federal

Under the right to information law, Aadhaar data breaches will remain a state secret

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All one billion Aadhaar records could be hacked and stolen, and the government wouldn’t have to disclose it or answer any questions about it? Anumeha Yadav explains that Section 6 of the Aadhaar (Sharing of Information) Regulations says: The Aadhaar number of an individual shall not be published, displayed or posted publicly by any person or entity or agency. […] Continue reading Under the right to information law, Aadhaar data breaches will remain a state secret→

Opening Appellate Brief filed in U.S. v. Thomas

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Tor Ekeland writes: U.S v Michael Thomas, No. 16-41264 (5th Cir.) Last night in the Fifth Circuit Court of Appeals we filed the Opening Appellant Brief in U.S. v. Michael Thomas. In June of 2016, in an important CFAA case regarding the definition of unauthorized damage, a jury convicted Michael Thomas of a single count felony violation for causing damage […] Continue reading Opening Appellate Brief filed in U.S. v. Thomas→

Will a Pending OCR Rule Impact Breach Class-Action Suits?

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Marianne Kolbasuk McGee A pending federal regulation – called for under the HITECH Act – that would allow regulators to share with breach victims money collected in HIPAA violation cases eventually could have implications in class-action breach lawsuits, says privacy attorney Adam Greene. The Department of Health and Human Services’ Office for Civil Rights “is working on a new […] Continue reading Will a Pending OCR Rule Impact Breach Class-Action Suits?→

Australia finally gets data breach notification laws at third attempt

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Chris Duckett reports: At the third time of asking, Australia will have data breach notification laws. The passage of the Privacy Amendment (Notifiable Data Breaches) Bill 2016 through the Senate on Monday means Australians will in the near future begin to be alerted of their data being inappropriately accessed. The legislation is restricted to incidents involving personal information, […] Continue reading Australia finally gets data breach notification laws at third attempt→

FBI Search Warrant That Fueled Massive Government Hacking Was Unconstitutional, EFF Tells Court

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Boston—An FBI search warrant used to hack into thousands of computers around the world was unconstitutional, the Electronic Frontier Foundation (EFF) told a federal appeals court today in a case about a controversial criminal investigation that resulted in the largest known government hacking campaign in domestic law enforcement history. The Constitution requires law enforcement officers seeking a search warrant […] Continue reading FBI Search Warrant That Fueled Massive Government Hacking Was Unconstitutional, EFF Tells Court→

AU data breach notification bill receives bipartisan backing

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Rohan Pearce reports: Australia is a step closer to having a mandatory data breach notification regime, after a bill to create such a scheme today received bipartisan support in the House of Representatives. The government introduced the Privacy Amendment (Notifiable Data Breaches) Bill 2016 in October. The bill has yet to be introduced in the Senate. Under the […] Continue reading AU data breach notification bill receives bipartisan backing→

United Arab Emirates: Cyber Security And Data Protection Breaches: A Brief Comparative Review

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Simon Isgar and Bernadette Pinto of Kennedys write, in part: The Saudi Aramco attack of 2012 has been described3 as the first ‘hackavist-style’ assault to use malware. The attack managed to destroy 30,000 computers within the Aramco network, which were believed by security researchers to have been infected with the Shamoon malware. The consequences faced by […] Continue reading United Arab Emirates: Cyber Security And Data Protection Breaches: A Brief Comparative Review→

Arming Employers Against Internal Hackers, the 11th Circuit Clarifies CFAA’s “Loss” Requirement

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Carol Mongtgomery of Butler Snow LLP writes: The Eleventh Circuit ruled last week in a wrongful discharge turned Computer Fraud and Abuse Act (“CFAA”) case, spinning the employee’s case against his employer on its head. The facts of Brown Jordan International, Inc. v. Carmicle stemmed from the employment of Christopher Carmicle by Brown Jordan, a furniture manufacturer. […] Continue reading Arming Employers Against Internal Hackers, the 11th Circuit Clarifies CFAA’s “Loss” Requirement→

“….and in no case later than 60 calendar days after discovery of a breach”

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I’ve been encouraging (ok, nagging) HIPAA lawyer Jeff Drummond of Jackson Walker to write a post explaining what the 60-day notification provision really means in HIPAA, as I’ve always had a lot of questions about it, such as: Does the 60-day clock start when the covered entity (CE) first discovers that they might have a […] Continue reading “….and in no case later than 60 calendar days after discovery of a breach”→