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According to a Bloomberg article posted earlier this morning, the U.S. Health and Human Services Department (“HHS”) suffered a cyber attack on its computer systems Sunday night.  The attack appears to have been intended to slow the agency’s systems, but was unable to do so in any meaningful way.   Just before midnight, the National Security

On December 6, 2019, the FTC issued an opinion finding that Cambridge Analytica, they had engaged in deceptive practices to collect personal information from several users of Facebook for purposes of voter profiling and targeting.  In addition, the Commission found that Cambridge Analytica had engaged in deceptive practices regarding its participation in the EU-US Privacy

Yesterday (November 26, 2019), a comprehensive federal privacy bill was introduced that would grant individuals broad rights with respect to their data, impose new obligations on data processors, and expand the Federal Trade Commission’s enforcement authority with respect to privacy, as well as allowing for state attorney general enforcement and individual rights of action. The

Last Friday, October 11, 2019, one day after the California Attorney General issued proposed regulations to implement the California Consumer Privacy Act of 2018 (“CCPA”), the California Governor, Gavin Newsom, announced that he signed all five of the September 2019 legislative amendments to the CCPA into law.  Those amendments include AB-25, AB-874, AB-1146, AB-1355, and

Today, on October 10, 2019, the California Attorney General (“AG”) issued long-awaited proposed regulations implementing the California Consumer Privacy Act of 2018 (“CCPA”).  The AG also issued a notice of proposed rulemaking action and an initial statement of reasons elaborating on the purposes of the proposed regulations. The proposed regulations are intended to “establish procedures

Today, the FTC announced that Equifax, Inc. will pay at least $575 million (and potentially up to $700 million) as part of a proposed global settlement with the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and 50 U.S. states and territories. Their complaint alleges that Equifax failed to take reasonable steps to

This last week saw significant compliance and enforcement activity with respect to both GDPR and the FTC.  Specifically, we saw two significant GDPR fines handed down by the UK Information Commissioner’s Office (ICO) against British Airways (approx. $230 million) and Marriott International (approx. $130 million).  In addition, Facebook settled with the FTC for the largest

*written with assistance from co-author and W&L law student, Isabella Gray.

On May 28, 2019, the Cyberspace Administration of China (“Cybersecurity Administration”) released a set of draft Measures for Data Security Management (the “Draft Measures”).  The Draft Measures provide articles governing how network operators, defined as someone who owns and administrates a network or a

In our Southeast Financial Litigation Monitor, our own Lindsey Catlett posts about a recent opinion in Southern Independent Bank vs. Fred’s Inc., in which the Middle District of Alabama denied class certification following a data breach which allegedly affected over 2,000 financial institutions across the country. Southern Independent, a community bank located in south

In an opinion issued today (January 25, 2019), the Illinois Supreme Court found that a Six Flags season pass holder can claim a violation of the state’s biometric privacy law by collecting the thumbprint of plaintiff Stacy Rosenbach’s son without permission, even without alleging any actual harm.  This is an important ruling that could impact