Data Protection: How important is it to know what to do if there is a data breach?

Grupo Financiero Banorte, Mexico’s third largest bank, suffered a data breach earlier this year and is now reportedly being fined 32 million pesos ($1.98 million) by the Mexican data protection authority, the National Institute of Transparency, Access to Information and Protection of Personal Data, for failing to inform all of its clients immediately after the hack occurred.  Mexico’s National Banking and Securities Commission is also investigating the matter  and is expected to issue corrective measures.

To formulate and implement an effective incident response solution, including but not limited to an attorney and forensic experts on stand buy, contact Gerrie van Gaalen

International: South Korean Law Promotes, Regulates Cloud Computing Providers

South Korea has enacted a new cloud computing law that promotes the use of cloud computing and provides a legal framework for user privacy protection.  Under the Cloud Computing Development and User Protection Act, cloud computing service providers will have to notify users of any data breach or service outage, as well as comply with existing personal information protection laws.  The law goes into effect September 28, 2015.

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Adobe Breach Victims Have Standing To Sue Based On Risk Of Future Harm

The U.S. District Court for the Northern District of California has ruled in In Re Adobe Systems, Inc. Privacy Litigation that customers affected by Adobe’s 2013 data breach have standing to sue based on the increased risk of future harm caused by hackers who gained unauthorized access to their personal information.  The decision is in some tension with other court rulings that have interpreted the Supreme Court’s ruling in Clapper vs. Amnesty International USA as foreclosing standing where the plaintiffs’ claims were based on the risk of future harm.  But the opinion is well reasoned, and may help plaintiffs establish standing in other breach suits.

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