Privacy & Cybersecurity Newsletter

April 2016

Locke Lord’s Privacy & Cybersecurity Newsletter provides topical snapshots of recent developments in the fast-changing world of privacy, data protection, and cyber risk management. For further information on any of the subjects covered in the newsletter, please contact one of the members of our privacy and cybersecurity team.

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

In This Issue

The Panama Papers and Implications for Cyber Security in Law Firms
What seems like a long time ago now, in 2011 PricewaterhouseCoopers (PwC) warned that “there is no question that law firms are among the companies being targeted by cyber criminals.” read more

Two Significant Privacy and Data Protection Developments for the Insurance Industry
Recent action by the National Association of Insurance Commissioners (NAIC) could eliminate the requirement to issue redundant annual privacy notices under certain circumstances, while imposing new and onerous data security and breach notification obligations, as further described below. read more

Fourth Circuit Affirms CGL Duty to Defend for Medical Records Breach
The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s summary judgment ruling for the insured under a Commercial General Liability (CGL) policy, finding that the insurer had a duty to defend a third-party lawsuit alleging failure to properly secure electronic storage of medical records. read more

Global Sweep Exercise to Examine the Privacy Transparency of IoT Devices
Consumers are increasingly using connected devices and smart technology that store information that can be connected to a person. read more

Going for Broke(r) - Broker Named in Cyber Coverage Litigation
A subplot is brewing in the policy limits dispute between a data breach victim and its cyber insurer – is a specialty broker that worked with the independent agent in placing the policy liable for claims against the agent? read more

ICO Issues Highest Fine for "Staggering" 46 Million Nuisance Calls
The UK data protection regulator, the ICO, has issued its largest ever fine on the company behind 46 million automated nuisance calls. read more

ISO Data Call Reflects Ongoing Efforts to Shape Cyber Underwriting Standards
Efforts continue to gather data and standards on which to base cyber underwriting decisions. read more

Revised Uniform Fiduciary Access to Digital Assets Act Provides Important Procedures for Dealing with Digital Assets Following a Death
In addition to posing significant emotional and life challenges, a death almost always gives rise to a number of practical and legal tasks to be attended to by family and friends of the deceased. read more

GDPR Legislative Process is Complete: EU Parliament Gave Final Approcal on 14 April 2016
The EU Council and the European Parliament have officially adopted their final position on the General Data Protection Regulation (GDPR) after more than four years of negotiations. read more