Privacy & Cybersecurity Newsletter

May 2017

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

“If At First You Don’t Succeed…” - Shareholders Keep Trying to Sue Ds&Os for Data Security Breaches
Several high-profile lawsuits have been filed in recent years by shareholders seeking to hold corporate officers and directors liable for damage resulting from data security breaches. read more

Testing the Limits II – Cyber Coverage Litigation Keeps on Rolling
As cyber risks continue to evolve, resulting insurance claims continue to implicate a variety of types of policies. read more

Executive Orders Establish American Technology Council and Set Out Cybersecurity Initiatives
On May 1, 2017, President Trump signed the Presidential Executive Order on the Establishment of the American Technology Council (the ATC EO). read more

FCC Privacy Rules Repealed – Before Becoming Effective
On April 3, 2017, President Trump signed Senate Joint Resolution 34 (SJR 34), which effectively repealed not-yet-in-effect Federal Communications Commission regulations designed to limit use of customer information by broadband service providers and provide enhanced privacy protections for customers of those service providers. read more

FTC Releases Cross-Device Tracking Guidance
In January, the Federal Trade Commission (FTC) released guidance that will be of interest to companies that utilize cross-device tracking. read more

A New Member in the Big Club – New Mexico Becomes the 48th State with a Breach Notification Law (+ Disposal and Service Provider Requirements)
Effective June 16, 2017, New Mexico will join 47 other states (as well as the District of Columbia, Guam, Puerto Rico, and the Virgin Islands) by imposing breach notification requirements on entities experiencing information security breaches impacting the state’s residents. read more

HIPAA Enforcement Update (February 2017 – April 2017)
In recent months, the Department of Health and Human Services, Office for Civil Rights (OCR) has announced four settlement agreements and one civil monetary penalty to resolve allegations of Health Insurance Portability and Accountability Act (HIPAA) violations. read more