Author: Goldberg Segalla

Lawsuit

Landmark Decision on Vehicle Data Privacy Issued by Georgia Supreme Court

In a landmark decision on vehicle data privacy, the Georgia Supreme Court on October 21, 2019 overturned a Georgia Court of Appeals decision that could have made it legal for police to take any data as they wished from private vehicles without a warrant. Mobley v. State.[i] The case arose from a fatal vehicle crash in December 2014, when a man named Victor Mobley collided into a Corvette pulling out from a driveway with two people inside, both of whom died from the crash.… Continue Reading
Cyber Attacks

Ransomware Hits Hard During 2019

Highly visible ransomware attacks have occurred since the start of 2019. At their most basic, ransomware attacks involve the introduction of malware onto a victim’s computer or server, rendering it unusable. The fraudsters will then demand payment from the victim in order to restore the systems. In recent months, major cities such as Atlanta, Baltimore, and Johannesburg have fallen victim to ransomware attacks. The ransomware attack to Baltimore is especially revealing as its impacts continue to be felt. While the mayor rebuffed the criminals’ demand… Continue Reading
Cybersecurity / Regulation

NSA Launches Cybersecurity Directorate to Combat Cyber Attacks on Government and Private Sector Systems

The National Security Agency (NSA) has established a Cybersecurity Directorate that “unifies NSA’s foreign intelligence and cyber defense missions” to more closely align its offensive and defensive operations. The directorate, operating as of October 1, 2019 will help contribute to the NSA’s defensive mission to protect digital systems. It will focus initially on the defense industrial base and weapon security improvement.  The increased focus on cybersecurity comes in the wake of a 56-page report by the National Security Telecommunications Advisory Committee warning that the United… Continue Reading
Cryptocurrency / Emerging Issues

Securities and Exchange Commission Waits to Create Cryptocurrency Regulation

Although Congress ramped up its pressure on the Securities and Exchange Commission with the recent announcement of Facebook’s new cryptocurrency, it appears clear regulations are still far down the line. The SEC’s responses at a recent panel suggest that Facebook’s planned launch of Libra in mid-2020 will not lead to an immediate release of regulations specifically designed to address cryptocurrencies. Make sure to check out Polygon #BUIDLIT Hackathon for the best tips on cryptocurrencies and more. In June, Facebook announced that it would be getting… Continue Reading
Cyber Risk

Part 3: Coverage Considerations Under CGL Policies for CCPA Violations

This blog post is our third in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). Imagine this: You own a successful string of sporting goods stores across California. Not only do you sell goods directly, but you also finance large purchases to well-qualified buyers and have a generous rewards program. When customers log in to your website, you gather personal information (e.g., name, email address, cell number, etc.). In order to participate in the rewards… Continue Reading
Cybersecurity

The Push for a National Data Privacy Law Continues as Tech Giants Write to Congress

On September 10, 2019, 51 companies from the Business Roundtable joined together to send a letter to House and Senate leadership asking them to pass “a comprehensive data privacy law that strengthens protections for consumers and establishes a national privacy framework to enable continued innovation and growth in the digital economy.” The companies included, among others, Amazon, IBM, AT&T, Chubb, and Marriot International, Inc. Signatures from Facebook CEO Mark Zuckerberg and Apple CEO Tim Cook were notably absent, although both have, in the past, supported… Continue Reading
Cyber Attacks

Ransomware Demands Increase for Municipalities

The trend of hitting local municipalities with ransomware attacks has continued this summer, along with increased monetary demands. In a recent attack, a small city outside of Jacksonville, Florida had its computers totally disabled when a hacker infiltrated its system and demanded bitcoin in exchange for the city’s data. For several days, the city attempted to resolve the issue without paying by working with the FBI and a security consultant. While these attempts may have eventually been successful, the city ultimately determined that paying the … Continue Reading
Cybersecurity

Another Month, Another Major Data Breach – This Time at Capital One

Capital One Financial Corp., the fifth largest United States credit card issuer, announced on July 29, 2019 that a data breach exposed approximately 140,000 Social  Security numbers and about 80,000 linked bank account numbers – impacting nearly 100 million U.S. residents and 6 million Canadian residents. The breach also included other personal information like names, addresses, postal codes, phone numbers, email addresses, dates of birth and self-reported income, credit scores, credit limits, balances, payment history, contact information and fragments of transaction data from a total… Continue Reading
Cyber Breach

New York State Passes Legislation Expanding Data Security Prevention and Notification Requirements

On July 25, 2019, New York state passed a substantial expansion of its data security law in the form of two new pieces of legislation: the Identity Theft Prevention and Mitigation Services Act (ITPMS Act) and the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act). The ITPMS Act is less impactful for businesses, but perhaps more useful for consumers. First, it requires credit reporting agencies that experience a breach involving Social Security numbers to give consumers the right to freeze their credit score… Continue Reading
Data Privacy

Part 2: Insurance Company Compliance with the CCPA as Businesses


This blog post is our second post in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). This post focuses on insurers’ compliance obligations under the CCPA. If you would benefit from a background discussion on the CCPA, please visit our first post in this series entitled “Part 1: The California Consumer Privacy Act – What Insurers Need to Know.” The CCPA applies to insurers to the extent they qualify as “businesses” that “collect or money … Continue Reading