Privacy & Cybersecurity Newsletter

Locke Lord LLP
February 26, 2015

Locke Lord's Privacy & Cybersecurity Newsletter is a periodic publication to provide you with summaries on some recent developments in the fast-changing world of data security in the United States and Europe.

To read the Locke Lord Privacy & Cybersecurity Newsletter, click here.

In This Issue

Solving the Legal Challenges of Trustworthy Online Identity
In this age of phishing, hacking, identity fraud, and other forms of cybercrime, answering two simple questions – "Who are you?" and "How can you prove it?" – is fast becoming a critical requirement for online business activities. read more

Standing in Data Breach Cases – Still a Moving Target
Where do we stand on standing in data breach cases? It depends on which court you ask. In December 2014, two courts considered whether plaintiffs alleged sufficient injury in their complaints involving well-known data breaches – and reached different results on standing. read more

Federal Trade Commission Guidance on the Internet of Things
On January 27, 2015, the FTC released its Staff Report on the so-called “Internet of Things” (IoT) – the ability of everyday objects (from refrigerators to wearable devices) to connect to the Internet and send and receive data. In addition to the Staff Report, the FTC released a guidance document entitled "Careful Connections: Building Security in the Internet of Things" ("Guidance"). read more

UK Information Commissioner's Office (ICO) Reviews Google's Privacy Policy
The ICO is the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. The ICO has recently ordered Google to sign a formal undertaking to improve the information it provides to individuals about how it collects personal data in the UK. read more

UK Information Commissioner's Office (ICO) Receives Power to Audit National Health Service
The ICO has welcomed a change in legislation which came into effect on 1 February 2015 enabling it to audit National Health Service (NHS) bodies to check for compliance with the UK Data Protection Act 1998. The ICO now has the authority to assess the compliance of a number of bodies within the NHS, including NHS foundation trusts, GP surgeries, NHS Trusts, and Community Healthcare Councils. According to the ICO, the remit of the ICO’s new powers will not extend to private companies providing services within public healthcare. read more

New Jersey Imposes Unique Encryption Requirements
Effective August 1, 2015, New Jersey will require health insurance carriers authorized to issue health benefit plans in New Jersey to encrypt personal information that they store electronically. read more

Current UK Thinking on Cybersecurity
2014 contained a series of high profile data breaches, including the recent Sony breach in relation to the Hollywood film release of The Interview. It is expected that globally 2015 will focus further on fighting privacy and cybersecurity issues. read more

NIST, White House Continue Efforts to Enhance Cyber Security Awareness and Protections
The National Institute of Standards and Technology (NIST) and the White House continue efforts to improve private sector security and increase sharing of information about potential cybersecurity threats. read more

Cybersecurity is Key Initiative for National Association of Insurance Commissioners
Even your grandmother is talking about cybersecurity, so you know it’s got to be important. In the world of insurance, the wheels are in motion at the NAIC – the National Association of Insurance Commissioners – to get a better handle on cybersecurity risks. read more

Cybersecurity Issues Receiving Attention at Highest Level in the U.S.
The Obama Administration could not be more clear that cybersecurity issues will continue to receive priority attention at the highest levels of government. President Obama emphasized the importance of cybersecurity during his State of the Union address, with special consideration for the need to balance and protect privacy interests. read more