Blog Posts Tagged With Personally Identifiable Information

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Still Standing—The Road for Plaintiffs in Consumer Cyber Breach Class Actions May Be Getting Smoother

If you haven’t been closely following, you may be of the mistaken view that without evidence of actual harm, consumer plaintiffs in federal cyber breach cases have no standing.  While that may have been roughly correct in 2016, the story in 2018 is more complicated, and getting better for plaintiffs.

On January 22, 2018, the U.S. Supreme Court denied Spokeo Inc.’s petition for writ of certiorari to review the Ninth Circuit’s most recent decision in … Continue Reading

Will Equifax Lead to Increased State-Level Cybersecurity Enforcement?

Regulators in almost every U.S. state have the authority to enforce cybersecurity compliance under their state’s laws, but until recently, they have rarely exercised this power, leaving enforcement mostly to federal agencies like the FTC.  With the recent Equifax breach, this appears to be changing.

The Massachusetts Attorney General filed a complaint against Equifax on September 17, 2017, asserting that Equifax violated Massachusetts Data Security Regulations by failing to safeguard personal information of credit applicants.  … Continue Reading

Davis Polk Memo – New York State Department of Financial Services Proposes New Cybersecurity Regulations

We have issued a memo on recent proposed cybersecurity regulations by the New York State Department of Financial Services that would be more stringent than existing federal requirements for certain financial entities. The memo highlights similarities and differences between the proposed regulations and federal regulations and guidance.

Read the Full Memo »Continue Reading

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