Topic: Privacy/Data Security/Cyber Risk

Federal Court Decides That Data Breach Case Against Supermarket Chain Can Proceed, But Only As to One Plaintiff

Earlier this week, the United States District Court for the District of Maine issued its ruling on a motion to dismiss a class action complaint against a supermarket chain based on a massive data breach.  The decision addressed the question of whether when a third party steals a customer’s credit and debit card information from a grocer, can the customer then recover from the grocer? 

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FTC Releases Red Flag Program Template for Low Risk Entities

As we previously reported here, the Federal Trade Commission (“FTC”) extended the compliance date for the Red Flag Rules from May 1, 2009 to August 1, 2009.  According to the FTC, the Red Flag Rules are risk-based in recognition of the burden that the Red Flag Rules could impose upon an entity that has only a small risk of identity theft.  The FTC makes clear that higher risk entities should have more elaborate identity theft programs, while low risk entities may have less complex programs. 

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FTC Delays Enforcement of Red Flag Rules

The Federal Trade Commission (“FTC”) issued a press release on April 30, 2009, a day before the effective date of the federal Red Flag rules (16 CFR 681, the “Rules”), extending the enforcement date for creditors, for a second time, to August 1, 2009.  For financial institutions, compliance has been required since November 28, 2008.  The Rules require that “financial institutions” and “creditors” with “covered accounts,” as defined under the Rules,  develop and implement a written Identity Theft Prevention Program to detect, prevent, and mitigate identity theft. 

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Recent Boom in Cybercrime “Could Accelerate” Say Data Security Experts

According to a recent report in USA Today (available here), criminal attempts to use the internet to steal personal data – including credit card numbers, account user names, passwords, and Social Security numbers – have increased since the financial crisis began last fall, and could continue to accelerate if laid-off IT personnel turn to cybercrime to replace lost income. 

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