Breach Notification

Breach notification in three easy steps

Posted on May 10 2011 by

In a recent report, Ernst and Young noted that stronger breach notification requirements are among the top privacy trends for 2011. Governments around the world are enacting or tightening regulations around breach notification, and within the U.S., individual state laws around data breach notification have had a tremendous impact on data security.


Are we suffering from breach notification fatigue?

Posted on May 03 2011 by

With numerous different breaches affecting so many people as of late, millions of consumers are receiving emails from trusted brands noting that customer emails (and perhaps other information) have been compromised, so consumers should be wary of future emails that may appear to be sent from them.


Consumers yawn at healthcare fraud

Posted on Mar 29 2011 by

Today’s headlines trumpet yet another high-profile medical data breach, this time through Health Net. This corporate catastrophe reminds us of the increasing hazard of medical fraud, which is the most expensive and time consuming to resolve of all types of identity theft . The second annual National Study on Medical Identity Theft, fielded by the Ponemon Institute provides further insight into this pervasive problem and how it affects consumers.


Get ready for a new wave of breach notification laws

Posted on Mar 01 2011 by

For businesses that don’t comply with these new regulations, stiff penalties will be added to the burdensome costs of breaches (and how can you even tabulate costs like the loss of public trust?) The new regulations headed our way in 2011 provide one more reason for businesses to protect themselves from breaches, swiftly take action when a breach has been detected, and stay informed about the legal currents that are taking shape.


Develop a data breach response plan now to be ready to efficiently address a breach as soon as it is reported

Posted on Feb 22 2011 by

The proliferation of state data breach notification laws, substantive state information security laws (such as the Massachusetts data security standards), and FTC and private lawsuits on information security matters has led to heightened attention to information security in both IT budgets and staffing and in terms of legal resources. With budget pressures all around (not to mention time pressures and the pressures of other duties that in-house counsel already has), the question becomes: How can my organization lower the time and dollar costs associated with information security when there is a breach?


Data security law in 2011: States remain the center of attention

Posted on Feb 17 2011 by

While state laws requiring “reasonable” data security have had a positive impact, data breach notification laws have had the most profound effect on the improvement of data security. These laws have motivated companies – through negative incentives – to improve data security to avoid publicity, embarrassment, and the risk of notification.


FTC report on consumer privacy

Posted on Jan 11 2011 by

Our guest blogger this week is the team at Proskauer Rose LLP. Hear more from the head of the Privacy & Data Security Group and a member of the Technology, Media & Communications Group at Proskauer Rose LLP, Kristen Mathews, during our next webinar, How Policy Will Shape Data Privacy in 2011, coming up on […]


Helpful tips on data breach notification

Posted on Jan 04 2011 by

When a data breach occurs it is important to understand the breach notification laws in your State and what you have to do to abide by them. After contacting your legal counsel, the next stop you can make is the National Conference of State Legislatures which maintains a list of enacted and proposed security breach […]


The danger of not having a breach policy in place

Posted on Dec 01 2010 by

A recent study by Trend Micro indicates data loss is a growing concern for small businesses. The 2010 Corporate End User Study found that close to 60% of business respondents feared that data loss would be the result of data-stealing malware or by intentional or unintentional data leaks outside the company network.  Even though data […]


Child ID theft has serious business implications

Posted on Sep 16 2010 by

Identity thieves are becoming more skilled as they focus on stealing dormant social security numbers that belong to children. Experts point out that frequently the parents and children are not aware of the fraud and potential financial damage until the minor applies for his or her first job or student loan.