About Me

Archive

Archive

Read More

Enterprise Blogs

Feeds & Podcasts

Meet the Bloggers

Archive

Tags

#McAfeeFOCUS, #MFETrivia, #SecChat, #SecurityLegos, 12 Scams of Christmas, 2012, 2012 Security Predictions, Acquisition, Advanced Persistent Threat, Android, android antivirus, Android Malware, Android security, android security app, anti-phishing, anti-theft, anti-virus, antivirus, APIs, App Alert, Apple, application blacklisting, application developers, application security, app protection, apps, app safety, ATM scams, attacks, authentication, automotive, Bad Apps, balanced scorecard, best practices, Big Data, Big Security Data, BlackBerry, Blackhat, Black Hat, black hat hackers, botnet, Brazil, breach, Business IT, car hacking, certification, Change Control, China, CISO Executive Summit, Citrix, class action lawsuit, cloud, Cloud city, Cloud computing, Cloud Expo, cloud security, Cofer Black, collaboration, Compliance, Conficker, consolidation, Consumer, consumerization, consumerization of IT, Content Protection, counter identity theft, credit card fraud and protection, credit card skimming, critical infrastructure, CSP, cyber attack, Cybercrime, cyberespionage, Cyber Insurance, Cyber Intelligence Sharing and Protection Act of 2011, cybersecurity, cyber security, cyber security awareness, Cyber Security Mom, cyber threat, cyberthreats, data, database activity monitoring, database security, data breach, data center, Datacenter, data center security, Data Classification, data loss, Data Protection, Dave DeWalt, Dave Marcus, dedicated security appliances, Deep Command, Deep Defender, DeepSAFE, DefCon, DefCon Kids, Department of Commerce, device, Device Control, devices, dewalt, DLP, Dmitri Alperovitch, easter, Eelectric Vehicle, Email & Web Security, Email & Web Security, embedded, embedded devices, Embedded Security, Emerging Markets, Emerging Market Security, EMM, encryption, Endpoint Protection, Endpoint Security, energy, enterprise, enterprise mobility, enterprise resource planning, enterprise scurity, enterprise security, epayment, epo, ePO Deep Command, ePolicy Orchestrator, ERP, ESM, espionage, EV, exploit, exploits, facebook, Facial recongnition, Family Safety, FDCC, file sharing, Financial Security, firewall, FISMA, Fixed Function Devices, Focus, Focus11, FOCUS 2011, forrester, Foundstone, Friday Security Highlights, Garter, Gartner, Gartner Security and Risk Management Summit, George Kurtz, Global Cybersecurity, Global SecurityAlliance Partner Summit, global threat intelligence, google, government, GTI, Hackers, hacking, Hacking Exposed, Hacktivism, HB1140, Healthcare, Heuristics, HIPAA, host intrusion prevention, Host IPS, HV, Hybrid Vehicle, ICS, IDC, identify potential cyber-threats, identity protection, identity theft, IDF 2011, Incident Response, Information leak, Information Protection, Information Security, Information Warfare, Insider Threats, Integrity, intel, intellectual property, Internet Explorer, internet security, Interop, IntruShield, In vehicle Infotainment, IP, iphone, IPS, IT, IT Security, japan earthquake safe donation, japan earthquake scams, kurtz, labs, laptops, Larry Ponemon, law, legal, legal risk, linkedin, live-tweeting, lizamoon, Lockheed Martin, mac, Mac OS X, malware, Malware research, managed security services, Management, Mariposa, mass sql injection, mastercard, Maturity Model, McAfee, McAfee Application Control, McAfee Cloud Security Platform, McAfee Data Loss Prevention, Mcafee DLP, McAfee Email Gateway 7.0, McAfee Enterprise Mobility Management, McAfee ePO, McAfee ePolicy Orchestrator, McAfee Firewall Enterprise, McAfee FOCUS, McAfee FOCUS 2011, McAfee Identity Protection, McAfee Labs, McAfee Mobile Security, McAfee MOVE AV, McAfee Network Security Platform, McAfee NSP, McAfee Policy Auditor, McAfee Risk Advisor, McAfee Security Journal, McAfee Security Management, McAfee Security Webinars, McAfee SiteAdvisor, McAfee Vulnerability Manager, McAfee Vulnerability Manager for Databases, mcafee wavesecure, Microsoft, Microsoft Security Bulletin, Mid-Market, Mobile, mobile antivirus, mobile app, mobile data communications, mobile device, mobile devices, mobile devices and security threats, mobile malware, mobile phone spyware, mobile security, mobile security app, mobile smartphone security, mobiles security, mom, MS12-020, MySQL, NACACS, near field communication, Network Perimeter Security, Network Security, Network Security; Email & Web Security; Security-as-a-Service, network security server security, new year resolution, next-gen IPS, Next Generation IPS, NFC, Night Dragon, NIST, NitroSecurity, OMB, online banking, Open Source, operational risk, Operation Aurora, Optimized, outages, OWASP, passwords, password security, patch, Patch Tuesday, Patmos, PCI, PCI Compliance, PCI DSS, Peer to Peer file sharing, perception, personal information over mobile phones, phishing, PII, Ponemon Institute, PostScript, Potentially unwanted program, power grid, power loss, Pre-detection, Printers, privacy, protection, Public-Private partnerships, Public Sector, pup, QR codes, reference architecture, regulations, reporting, reputational risk, retail, risk, Risk Advisor, Risk and Compliance, Risk Management, ROI, Rookits, Rootkits, RSA, RSA 2012, SaaS, SaaS security solutions, safe searching, Saviynt Access Manager, SCADA, scam, SCAP, SEC Guidance, SecTor, secure cloud computing, secure container, security, Security-as-a-Service, Security and Defense Agenda, security attacks, security awareness, security breach, security conferences, Security Connected, Security Connected Reference Architecture, Security Influence, security management, security metrics, security optimization, security policy, security threats, Sentrigo acquisition, Shady RAT, SharePoint, shortened URLs, SIA Partners, SIEM, SiteAdvisor, Situational Awareness, Small Business, smartphones, smartphone security, SMB, social business, social media, social networking, social networks, Software-as-a-Service, spam, Spearphishing, sql attacks, SQL Injection, State of Security, stealth attack, stealth crimeware, stealth detection, Steve Jobs, storage, Stuxnet, substation, Support, Symbian, T-Mobile, Tablet, tablets, tablet security, targeted attacks, TCO, technology development, Telecommunications, threat reduction, TJX, TPM, Trusted Computing Module, trustedsource, twitter, Twitter online security, U.S. Cyber Challenge Camps, urchin.js, Vericept DLP, ViaForensics, Virtualization, VIrtual Machines, visa, Vontu DLP, vPro, vulnerability, Vulnerability Manager, vulnerability manager for databases, Web 2.0, web protection, web security, Websense DSS, Web services, white hat hackers, Whitelisting, wikileaks, Windows 7, Windows Mobile, Wind River, Xerox, youtube, Zero-Day, zeus
Enterprise : Data Protection :

9th Circuit Ruling To Open Lawsuit Floodgates?

Wednesday, March 2, 2011 at 12:50pm by Archive
Archive

The 9th Circuit U.S. Court of Appeals held recently, in Krottner v. Starbucks Corporation, that increased risk of future misuse of personal data following the theft of a laptop containing the unencrypted personal data of a group of current and former Starbucks employees amounted to an injury sufficient to confer standing to sue in federal court. Note that the employee PII that was stolen was not used by the perpetrators.

I’m no lawyer, but it seems to me that this decision could help open the floodgates to class action lawsuits against corporations who lose the personal data of employees or customers. Said a different way, I suspect that privacy class action lawsuits will become more difficult to dismiss. One of the interesting facts of this case was that the judges concluded that the data breach plaintiffs can sue based only on allegations of “generalized anxiety and stress” – no demonstration of out-of-pocket damages required.

While this case won’t singlehandedly cause organizations to run out and make sure that they have sound data protection implementations, it is certainly a nudge in that direction. Which is a good thing. In the end, the case indicates that if the laptop had been encrypted, the mere fact that the laptop was stolen would not confer standing. The use of encryption, like McAfee’s Endpoint Encryption, could therefore significantly reduce the threat of litigation and/or class actions.

Bookmark and Share

Tags: , , , , , , ,

Comments are temporarily suspended due to blog maintenance, comments will be available again from Monday 21st May.