Privacy Risk Report

Tressler’s Privacy Practice Group brings you recent developments and insights on cyber liability, privacy and data storage.

Latest from Privacy Risk Report

Data collectors constantly struggle to balance the need for honest self-critiques of their data protection safeguards with the desire to not generate information that may be used in litigation. Indeed, it is encouraging to see a number of data collectors hiring third-party experts to look at safety measures and issue reports on their findings before there is an incident. Of course, these reports are only useful if they include an honest assessment of a data…
The latest decision related to Illinois’ Biometric Information Protection Act (“BIPA”) was issued by the Illinois Court of Appeals on June 16, 2020, in a matter entitled Cothron v. White Castle System, Inc, 2020 WL 3250706 (June 16, 2020). Latrina Cothron (“Cothron”) began working at White Castle in 2004 and was still a manager at the time she filed suit. As a side note, the Cothron matter differs from many BIPA suits to the extent…
Over the last few months, cyber security issues may have taken a backseat to health and economic issues. Thankfully, there has not been a major cyber incident during the coronavirus pandemic. To pick up where we were before the pandemic, we were closely analyzing the number of court decisions where it was found that a litigant could not establish standing to bring a lawsuit for a data breach. However, it is only a matter of…
On May 5, 2020, the United States Court of Appeals for the Seventh Circuit issued a decision that will have an immediate impact on litigation concerning Illinois’ Biometric Information Protection Act (“BIPA”). The decision in Bryant v. Compass Group USA, Inc., 2020 WL 2121463 (7th Cir. 2020), puts to rest the question of whether a litigant can establish Article III standing in a federal court for BIPA claims. Prior to the Bryant decision, a number
Illinois schools must comply with the Student Online Personal Protection Act by July 1, 2021. While many schools may not have been aware of this deadline or have been pushing compliance down the road, the coronavirus pandemic has put SOPPA compliance in a new light. Illinois schools are quickly realizing that their contractual relationships with educational technology companies and the use of student data are issues that must be addressed immediately. Therefore, this coming…
One bright spot in recent events has been to see our kids stay focused as students and to see teachers continue their great work while bunkered down from their homes. Nevertheless, it may be worthwhile to pause to think about the technology that makes this all possible. One lawsuit recently filed in California sheds light on the privacy issues created when students, schools and teachers become increasingly reliant on “e-learning” and the technology that supports…
Understandably, there has been a lot of information concerning the novel coronavirus and its impact on insurance, business and, of course, people.  However, there has not been much discussion on what happens if there is a cyber event over the next couple of weeks as the world deals with the COVID-19 pandemic.  A cyber security breach during the novel coronavirus pandemic could sever the one thread connecting remote employees to their place of work. While…
Understandably, there has been a lot of information concerning the novel coronavirus and its impact on insurance, business and, of course, people.  However, there has not been much discussion on what happens if there is a cyber event over the next couple of weeks as the world deals with the COVID-19 pandemic.  A cyber security breach during the novel coronavirus pandemic could sever the one thread connecting remote employees to their place of work. While…
Despite the sophistication in fraudulent schemes, insurers are keeping up with hackers and recognizing the varied approach to the scamming word…and courts are also taking notice. In Mississippi Silicon Holdings, LLC v. AXIS Ins. Co., the United States District Court for the Northern District of Mississippi found no coverage for an insured who was duped into transferring $1,025,881.13 to a Bulgarian-American Credit Bank believing it was the account of one of its suppliers. 2020 WL 869974…
Despite the sophistication in fraudulent schemes, insurers are keeping up with hackers and recognizing the varied approach to the scamming word…and courts are also taking notice. In Mississippi Silicon Holdings, LLC v. AXIS Ins. Co., the United States District Court for the Northern District of Mississippi found no coverage for an insured who was duped into transferring $1,025,881.13 to a Bulgarian-American Credit Bank believing it was the account of one of its suppliers. 2020 WL 869974…