- FTC Scrutinizes Children’s Privacy Issues Involving Education Technology
- Utah Becomes the Fourth State to Enact a Comprehensive Privacy Law
- Courts Requiring General and Professional Liabilities Policies to Respond to Cyberattacks
- The US and EU Announce a New Trans-Atlantic Data Privacy Framework
- BIPA Claims Following the McDonald Decision
- NY Attorney General Offers Guidance on Dealing with Credential Stuffing
- “Silent Cyber” Continues to Make Noise in State Appellate Courts
- The FBI Warns M&A Participants on the Increasing Ransomware Threat
- FTC Updates Safeguards Rule for Non-Banking Financial Institutions
- The DOJ’s Civil Cyber-Fraud Initiative
Legal developments in data, privacy, cybersecurity, and other emerging technology issues
A bipartisan bill was introduced on October 5, 2021, in the Michigan Senate to amend the Michigan Identity Theft Protection Act (the “Act”). The bill, linked below, would create an affirmative defense to tort claims arising out of a security breach.
With the passage of the Cybersecurity Affirmative Defense Act, Utah became the second state – after Ohio’s Data Protection Act in 2018 – to create an affirmative defense to certain causes of action stemming from a data breach. The law provides an affirmative defense under Utah law and in Utah courts to certain tort claims arising out of a data breach if the company demonstrates that it created, maintained, and reasonably complied with a written cybersecurity program.
In Tsao v. Captiva MVP Restaurant Partners, LLC, the Eleventh Circuit joined the federal appellate courts holding that a consumer’s exposure to a substantial risk of future identity theft, and efforts to mitigate the risk of future identity theft, are not sufficient to confer Article III standing. The decision highlights federal court’s struggle with the standing requirements in a data breach case, and possibly raises the likelihood that the U.S. Supreme Court will address the issue.
Under extraordinary circumstances, businesses are quickly adapting to remote work on a large scale. In doing so, companies should promote best practices to protect sensitive data. Below are some techniques that your company can employ to help ensure that sensitive personal or company information stays safe: