In January 2018, Colorado legislators sponsored a bill that, if passed, will change the state’s existing data breach reporting laws in important ways. A House Committee Report detailing the current version of the bill can be found here. The bill would create a new statute, C.R.S. § 6-1-713.5, titled Protection of Personal Identifying Information, which amends the existing statutes C.R.S. § 6-1-713, governing the disposal of personal identifying information, and C.R.S. § 6-1-716, Notification of Security Breach.
Two researchers who’ve been probing one of the car maker’s models in recent months found the vehicle was collecting an awful lot of information from drivers’ smartphones, including text messages, call records, app activity, photos, contacts, GPS history and emails. And it was storing all that information unencrypted, they claim. They later discovered a way to install malware on the car, forcing it not only to hand over all that information, but track the location of the vehicle in almost real-time.
Two courts. Two days. Two different results. On March 7, on remand from the U.S. Court of Appeals for the Eighth Circuit, a federal district court judge in Minnesota granted a motion to dismiss a consumer class action suit involving a 2014 data breach affecting over 1,000 grocery stores. The court found that the allegations of possible future identity theft or fraud because of the breach were not sufficient to establish a substantial risk of future harm.
The next day, the U.S. Court of Appeals for the Ninth Circuit reached an opposite result, further highlighting the split among courts on the issue of standing in data breach litigation.
Google Inc. has told the U.S. Supreme Court there was nothing unfair or unreasonable about the tech company’s $8.5 million settlement of a class action in which $5.3 million of the funds go to third parties and none to members of the class.
In urging the justices to deny review in Frank v. Gaos, Mayer Brown partner Donald Falk, representing Google, argued the cy pres-only settlement “will benefit the class as a whole by funding closely targeted projects that are directly connected to the internet privacy issues raised by plaintiffs’ claims.”