Topic: Privacy/Data Security/Cyber Risk

FTC Releases Red Flag Program Template for Low Risk Entities

May 8, 2009 | |

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

May 1, 2009 | |

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

Feb 6, 2009 | , |

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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Court Rules that Policy Does Not Cover Advertising or Personal Injury Arising from Restaurant’s Failure to Comply with Credit Card Privacy Laws

Dec 1, 2008 | , |

In Whole Enchilada Inc. v. Travelers Property Casualty Co., No. 07-1533, 2008 WL 4442061 (W.D. Pa. Sept. 29, 2008), Pennsylvania U.S. District Judge Nora Barry Fischer ruled that Whole Enchilada’s two commercial general liability policies issued by Travelers Property Casualty Co. does not cover a class action lawsuit brought against it for printing too much credit card information on customers’ receipts in violation of federal law. 

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