Public schools have generated and maintained massive amounts of student information for decades. Standardized test scores, grades, conduct records, psychological and medical information, student assessments, child and parent personal information, and teacher evaluations of children’s performance are all essential to providing and improving educational services. But with such massive amounts of data comes great risk
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Industry Insight: Information Governance – Leverage Your Business Intelligence and Reduce Risk
“The goal is to turn data into information, and information into insight.” – Carly Fiorina, former CEO, Hewlett-Packard Co.
The most valuable asset of every organization is information. Organizing, analyzing and optimizing this complex source of business intelligence can be daunting. In addition, assuring the security of sensitive data for legal compliance and reputational purposes
8th Circuit: Financial Institution Bond Provides Coverage for Fraudulent Wire Transfers
With policyholders facing increased losses from hacking and business email compromise, insurers are fighting hard to escape their obligations under financial institution bonds, crime policies and cyber insurance policies. In a case that bolsters policyholders seeking coverage for digital fraud, the U.S. Court of Appeals for the Eighth Circuit held that a bank’s financial institution
Arizona Court Rules That Chubb Cyber Policy Does Not Cover Credit Card Theft Losses
As cyber attacks increase at an unprecedented pace, more and more businesses are purchasing cyber insurance to protect against that risk. The insurance industry now faces an avalanche of claims, and those claims now are moving to the litigation phase. In one of the first decisions interpreting a cyber insurance policy, an Arizona federal court
ERISA and Cybersecurity
Employee benefit plan data stored online may include participants’ names and Social Security numbers, account information and protected health information (PHI), all of which are inviting targets for hackers. Highly-publicized data breaches in recent years have called attention to the obligations of benefit plan administrators (typically the employers sponsoring the plans) under the Health Insurance
Social Media’s Expanding Distribution of Internet Advertising Impacts Privacy and Security
Last week, social media giant Facebook announced an expansion of its online advertising business to include serving ads to users who are not members of Facebook. Under a press posting titled “Bringing People Better Ads,” Facebook decried ads that are “annoying, distracting or misleading” and talked about its efforts to do better. This move highlights
Supreme Court: Plaintiff Alleging Statutory Procedural Right Violation Must Show Concrete Injury
On May 16, 2016, the U.S. Supreme Court held in Spokeo, Inc. v. Robins that a bare procedural violation of a statutory requirement, divorced from any concrete harm, does not establish the injury-in-fact necessary to maintain a lawsuit in federal court. The Court acknowledged, however, that an alleged violation of a procedural statutory right could
The CFPB Files First Consent Order Involving Data Privacy
On March 2, 2016, the Consumer Financial Protection Bureau (CFPB) filed the first consent order (Order) addressing data privacy since the CFPB’s inception in 2010. The Order serves as a warning to all companies that collect, store and use sensitive customer information that misrepresentation of security practices, as well as noncompliant data protection procedures, will
Federal Judge Reverses Own Ruling on Release of Student Data
“Not so fast!” cried privacy advocates and parents when California federal judge Kimberly Mueller ordered the release of a huge database of personally identifiable student information to a group of plaintiffs’ lawyers.
Morgan Hill Concerned Parents v. California Department of Education is a lawsuit filed in 2011 that alleges that California schools have failed to
SEC Expands Cybersecurity Compliance Requirements For 2016
On January 11, 2016, the Securities and Exchange Commission announced the 2016 examination priorities list. For the third year in a row, cybersecurity is a top concern, especially with regard to internal security program assessment and evaluation. This year the Office of Compliance Inspections and Examinations (OCIE) will focus on cybersecurity protocols implemented by financial