Insights on Hannaford,information security law

damages, data breach, Hannaford, motion to dismiss Hannaford data breach payment card PCI DSS, payment card, PCI DSS

Federal Appeals Court Holds Identity Theft Insurance/Credit Monitoring Costs Constitute "Damages" in Hannaford Breach Case

By InfoLawGroup LLP on October 24, 2011

In a significant development that could materially increase the liability risk associated with payment card security breaches (and personal data security breaches, in general), the U.S. Court of Appeals 1st Circuit (the "Court of Appeals") held that payment card replacement fees and identity theft insurance/credit monitoring costs are adequately alleged as mitigation damages for purposes of negligence and an implied breach of contract claim. The decision in Hannaford could be a game changer in terms of the legal risk environment related to personal data breaches, and especially payment card breaches where fraud has been perpetrated. In this post, we summarize the key issues and holdings of the Court of Appeals.

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Breach, data protection, FTC, InfoLawGroup, information law group, information security, information security breach, information security law, information security program, InformationLawGroup, privacy, privacy law, SAFE Data Act, security breach, Segalis, state breach law

Federal Information Security and Breach Notification Law Approved by House Trade Subcommittee

By InfoLawGroup LLP on July 25, 2011

On July 20, 2011, the U.S. House of Representatives Energy and Commerce Committee's Trade Subcommittee approved the Secure and Fortify Electronic Data Act (the "SAFE Data Act"). The Act would require any business that maintains personal information to implement an information security program and notify affected individuals in the event of an information security breach. The SAFE Data Act would preempt the over 45 existing state information security and breach notification laws and task the Federal Trade Commission with developing information security rules implementing the Act.

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damages, Hannaford, litigation, payment card, PCI DSS, security breach

"Damages" Last Stand - Maine Supreme Court Puts an End to the Hannaford Bros. Breach Suit

By InfoLawGroup LLP on September 22, 2010

The Maine Supreme Court has rendered its opinion on the "damages" issue in the Hannaford Bros. consumer security breach lawsuit. Again, the plaintiffs have been unable to establish that they suffered any harm as a result of the Hannaford security breach. Specifically, the Court ruled that "time and effort" alone spent to avoid or remediate reasonably foreseeable harm do not constitute "a cognizable injury for which damages may be recovered." In this blogpost we take a closer look at the Court's rationale.

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information security law, information security law legislation, Legislation, Massachusetts, Massachusetts personally identifiable information service provider, personally identifiable information, service provider

Massachusetts' Revised Personal Information Security Regulation (201 CMR 17.00)

By InfoLawGroup LLP on October 03, 2009

Massachusetts' Office of Consumer Affairs & Business Regulation (OCABR) recently released a revised version of its "Standards for the Protection of Personal Information of Residents of the Commonwealth" (the "Regulation"). This August 2009 version modifies the February 2009 version of the Regulation. The press release for the new revision is here, and the FAQs released by OCABR appear updated to address some of the changes in the regulations.For ease of reference, ISC has taken the time to create a REDLINED VERSION showing the revisions in the new Regulation. The redlines indicate changes between the February 2009 version and the August 2009 version of the Regulation. Also included below is a summary of some of the more significant changes.

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