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Two Philadelphia law firms have filed class action suits on behalf of all cardholders in the U.S. who had their credit or debit card data stolen in the Heartland Payment System (HPY) data breach. This brings to three the total number of class action lawsuits filed against the Princeton, NJ-based payments processor. The law firm of Berger & Montague filed a class action suit in the U.S. District Court for the District of New Jersey, alleging Heartland's failure to safeguard cardholder data when the company's computer systems were hacked and cardholder data was stolen. Heartland says last year it processed 100 million card transactions per month, but an unknown number of cards were impacted by the breach. The law firm says fraudulent activity has occurred on some of those cards. The law firm alleges that Heartland's security measures and intrusion detection systems were inadequate. "Because of Heartland's inadequate data security, cardholders have had their card information compromised, have been exposed to the risk of fraud, have spent and will spend time to monitor their accounts and dispute fraudulent charges, and have suffered other economic damages," the law firm says in its statement regarding the suit. Berger & Montague were also co-lead counsel in the consumer class action suit brought against TJX Companies, which resulted in a $200 million settlement. The third class action lawsuit filed in February against Heartland comes from Sheller P.C. of Philadelphia, PA. Sheller's suit against Heartland has similar charges against the payment processor. Sheller P.C. also filed its class action lawsuit in the U.S. District Court for the District of New Jersey. Sheller P.C. has also filed a consumer class action suit against RBS WorldPay for its security breach that was made public on Dec. 23, 2008. Previously, Chimicles & Tilellis LLP of Haverford, PA filed suit in the U.S. District Court for the District of New Jersey on behalf of Woodbury, MN resident Alicia Co

"On October 6, 2009, the Federal Trade Commission ("FTC") announced proposed settlement agreements with six companies over charges that they falsely claimed membership in the U.S. Department of Commerce Safe Harbor program. In six separate complaints, the FTC alleged that ExpatEdge Partners LLC, Onyx Graphics, Inc., Directors Desk LLC, Collectify LLC, and Progressive Gaitways LLC deceived consumers by representing that they maintained current certifications to the Safe Harbor program when such certifications had previously lapsed. The terms of the proposed settlement agreements prohibit the companies from misrepresenting their membership in any privacy, security or other compliance program. The six enforcement actions are significant as they mark a considerable uptick in the FTC's enforcement related to the Safe Harbor program. The FTC recently brought its first enforcement action relevant to the program, which is detailed in our post titled FTC's First Safe Harbor Enforcement Action. The European Union Data Protection Directive requires EU Member States to implement legislation that prohibits the transfer of personal data outside the EU unless the EU has made a determination that the laws of the recipient jurisdiction are substantially equivalent to those of the EU, and thus provide "adequate" protection for personal data. Because the EU has determined that laws of the United States do not meet its adequacy standard, the U.S. Department of Commerce and the EU developed the Safe Harbor Framework, which went into effect in November 2000. The Safe Harbor Program allows participating U.S. companies under the jurisdiction of the FTC or the U.S. Department of Transportation to transfer personal data lawfully from the EU. To join the Safe Harbor, a company must self-certify to the U.S. Department of Commerce that it complies with seven principles that have been deemed to meet the EU's adequacy standard. To maintain its certification to the Safe Harbor

Exactly one week after the Heartland Payment Systems (HPY) breach was first announced to the public, the first lawsuit has been filed against the payments processor. The class action lawsuit filed Tuesday by Chimicles & Tilellis LLP of Haverford, PA in the U.S. District Court for the District of New Jersey on behalf of Woodbury, MN resident Alicia Cooper, asserts that Heartland "made unreasonably belated and inaccurate statements concerning the breach." The complaint says Heartland does not appear to be offering any credit monitoring services or other relief to consumers affected by the breach. Chimicles & Tilellis' complaint also says in addition to the questionable timing of the announcement of its breach, (Read Heartland Class Action suit PDF) "there are materially misleading statements and omissions in Heartland's public description of the breach and its consequences." Heartland announced the breach in a press release on the same morning of President Barack Obama's inauguration. The law firm says it is suing on behalf of consumers whose sensitive financial information was compromised in the data breach at Heartland. The complaint raises a claim pursuant to the New Jersey Consumer Fraud Act, and asserts causes of action for negligence, breach of implied contract, breach of contracts to which Plaintiffs and Class members were intended third party beneficiaries, breach of fiduciary duty, and negligence. The payments processor did not disclose how many credit card account numbers were compromised as a result of the breach. Heartland is the fifth largest payment processor in the country and handles 100 million transactions per month for more than 250,000 small retailers, gas stations, restaurants and other small and midsized companies. The suit also states that Heartland only became aware of the breach after it was notified of patterns of fraudulent credit card activity by VISA and MasterCard. "Analysts have stated that the fact that Heartland did not detect th

Jan 15, 2009 There may be only a handful of days left in the Bush administration, but the brouhaha over White House e-mail retention policies promises to continue right up to the last day. A federal court yesterday extended a preservation order to ensure that the outgoing administration does everything it can to recover any missing White House e-mails. The White House IT staff now has five days to scour workstations for missing e-mail before administration data records are archived on Jan. 20. The ruling, by U.S. District Judge Henry Kennedy Jr., also orders staff of the Executive Office of the President (EOP) to relinquish any digital media that may contain e-mails from March 2003 and October 2005. The legal action is the latest resulting from a lawsuit filed in September 2007 by the National Security Archive against the EOP, seeking to preserve and restore White House e-mails it alleged were missing. "There is nothing like a deadline to clarify the issues," Tom Blanton, the National Security Archive's director, said in a statement. "The White House will complain about the last-minute challenge, but this is a records crisis of its own making." The Archive, an independent nongovernmental research institute based at George Washington University, is a repository of government records and does not receive U.S. government funding. The Citizens for Responsibility and Ethics in Washington (CREW), a left-wing public advocacy group, also filed suit, but its legal action was subsequently consolidated with the Archive's legal action, which is taking place in the U.S. District Court for the District of Columbia. Last May, the White House's top tech staffer acknowledged that three months of data were missing from backup tapes. In earlier testimony before a congressional committee, White House technical staff said millions of e-mails from the past eight years could potentially have been erased. Also yesterday, Magistrate Judge John M. Facciola held an emergency status con

The European Commission started legal action against Britain on Tuesday for what the EU executive called a failure to keep people's online details confidential. EU Telecoms Commissioner Viviane Reding said the action related to how Internet service providers used Phorm (PHOR.L) technology to send subscribers tailor-made advertisements based on websites visited. Reding said Internet users in Britain had complained about the way the UK applied EU rules on privacy and electronic communications that were meant to prohibit interception and surveillance without the user's consent. "Technologies like Internet behavioural advertising can be useful for businesses and consumers but they must be used in a way that complies with EU rules," Reding said in a statement. "We have been following the Phorm case for some time and have concluded that there are problems in the way the UK has implemented parts of the EU rules on the confidentiality of communications," Reding said. She called on Britain to change its national laws to ensure there were proper sanctions to enforce EU confidentiality rules. Unless Britain complies, Reding has the power to issue a final warning before taking the country to the 27-nation EU's top court, the European Court of Justice. If it rules in favour of the European Commission, the court can force Britain to change its laws. (Reporting by Huw Jones, editing by Dale Hudson)

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When ethical hackers track down computer criminals, do they risk prosecution themselves? Security researchers at this week's Usenix conference in Boston believe this is a danger, and that ethical hackers have to develop a uniform code of ethics for themselves before the federal government decides to take action on its own. One such researcher introduced himself by saying "Hi, I'm Dave Dittrich, and I'm a computer criminal." Dittrich, senior security engineer and researcher at the University of Washington's Information School, has not been unlucky enough to be prosecuted. But ten years ago, he took actions to disrupt distributed denial-of-service attacks which he says could have been construed as criminal, he says. Working within the University of Washington Network, Dittrich says he "copied files from one host in Canada that was caching malicious software and logs of compromised hosts," allowing him to gain a fuller understanding of the nascent distributed denial-of-service tools, and to inform the operators of infected Web sites that a problem existed.

European Union's move indicates growing government concern over how Internet companies are using individuals' private data The European Commission began legal action against the U.K. Tuesday over its failure to protect Internet users from Phorm -- a covert behavioral advertising technology tested by the U.K.'s biggest fixed line operator, BT, in 2006 and 2007. The move signals growing concern in Brussels over the way new Internet-based technologies are using people's personal data. In addition to taking legal action against the U.K., the Commission also issued a general warning to all 27 E.U. countries to uphold privacy laws, especially regarding social-networking Web sites and users of RFID (radio frequency identification) technologies. In Canada, the federal government has even proposed a legislation that will provide law enforcement agents sweeping powers to obtain user information from ISPs. The Commission, the executive body of the European Union responsible for upholding laws, said the U.K. had failed to enforce E.U. data protection and privacy rules, because broadband Internet subscribers were not informed that their browsing was being tracked.

The French parliament on Thursday voted down an Internet piracy law, which had largely been expected to pass. The "Creation and Internet" law, which won the preliminary approval of the parliament last week, would compel Internet service providers to take graduated actions against customers accused of illegally downloading copyrighted material. After warning a customer against such actions for a third time, an ISP could suspend the person's Internet access for up to a year. Because the bill was expected to pass, few members of parliament were present for the final vote on the bill, according to the Associated Press. Opponents of the legislation, led by the Socialist party, rejected the measure by a vote of 21 to 15. The legislation had the support of the ruling UMP party, to which President Nicolas Sarkozy belongs, as well as the support of the Recording Industry Association of America. Backers of the bill intend to re-introduce an amended version within the coming weeks, according to reports. The entertainment industry has suggested to the United States' Congress that it should consider adopting European methods of combating copyright infringement. The United States, members of the European Union, and other countries may also consider making ISPs liable for infringement through international treaties.

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A court has handed Blockbuster a preliminary defeat in a potential class-action lawsuit filed as a result of its participation in Facebook's ill-fated Beacon ad program, which notified members about their friends' e-commerce activity. U.S. District Court Judge Barbara Lynn in Dallas ruled that the case could proceed in court even though Blockbuster's contract with users calls for any disputes to be heard by an arbitrator rather than in court, and also says that users waive their right to file a class action lawsuit. Lynn determined that Blockbuster's contract with users was "illusory" because the agreement said that movie rental store could change the terms and conditions at any time. A Blockbuster spokesperson declined to comment on the case or state whether the company will appeal. The decision is a blow to Blockbuster because individual consumers would have had a difficult time bringing cases one-by-one against the company. But the decision paves the way for attorneys to argue that all consumers affected by Blockbuster's participation in Beacon should be able to proceed as a class. Internet law expert Venkat Balasubramani said Lynn's decision invalidating Blockbuster's user agreement was potentially far-reaching because many Web companies reserve the right to make changes to their terms of service. "It seems broad and could have impact on the terms of service used by a lot of different companies," he said.

Four HIV-positive patients whose records were left behind on an MBTA train by a Massachusetts General Hospital employee are suing the hospital, claiming their privacy has been breached. In March the hospital notified 66 patients who received care at its Infectious Disease Associates outpatient practice that billing records bearing their names, Social Security numbers, doctors, and diagnoses had been lost by a manager who was riding the Red Line. She had brought the paperwork home for the weekend, but left it on the train when she returned to work the morning of Monday, March 9, according to hospital security reports. Last week two patients who are HIV-positive filed a suit in Suffolk Superior Court against the hospital and the unidentified billing manager. The unnamed plaintiffs have been joined by two other HIV-positive people. The legal action was first reported in the weekly newspaper Bay Windows. Their lawyer, John Yasi of the Salem law firm Yasi and Yasi, said in an interview he has filed a motion to make the suit a class action that could cover all 66 patients, a significant number of whom are also HIV-positive. "The damages that jump out are the emotional distress surrounding the loss of obviously very sensitive medical information and secondarily the loss of personal security information," he said. "A Social Security number in reality may lead to identity theft, which we all know is a nightmare."

"Recently, the Federal Trade Commission (FTC) has gotten tough with US companies that have not lived up to their own privacy promises to European consumers. In particular, it has filed complaints against seven US companies that claimed that they were adhering to the European Union's Safe Harbor Program, but allegedly were not. (The FTC issues or files a complaint when it has "reason to believe" that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaints themselves are not a finding or ruling that the named parties have violated the law.) By taking action, the FTC has shown that the Safe Harbor program, as applied to US companies, is not a set of empty promises. Rather, the FTC is keeping watch over businesses and will sanction those that misrepresent their own policies. In this column, I will explain how the Safe Harbor program works, and also discuss the recent FTC enforcement actions."

State and federal lawmakers continue to introduce bills regulating the collection, use and security of consumer and personal information. The proposed federal bills could change the national privacy framework. At the same time, regulators and the plaintiffs' bar remain focused on privacy and security issues and continue to initiate enforcement actions and class action suits. This program will address these developments and provide tips for managing privacy concerns in an era of fast-changing privacy laws.

"* To pay all costs tied to administration of settlement * To pay class members' attorney costs Dec 21 (Reuters) - Credit card processor Heartland Payment Systems Inc (HPY.N) said it would settle consumer cardholder class actions tied to claims arising from breach of its system by cyber thieves, and pay up to $2.4 million to class members submitting valid claims. Heartland agreed to pay a minimum of $1 million to class members and take up settlement-related administration costs, including up to $1.5 million for the cost of notice to the settling class. The company will pay up to $760,000 of the costs of attorneys representing the class members. Heartland said it could terminate the deal if costs of notice exceeded $1.5 million, or if it received more than 2,500 requests for exclusion from the settlement class. The deal settles all intrusion-related proceedings by consumers who used the payment cards between Dec. 6, 2007 and Dec. 31, 2008, including those who may allege to have suffered losses, the company said in a statement. Heartland, which agreed to pay $3.6 million last week to settle claims with American Express Co (AXP.N) related to the criminal breach, reported in January this year that cyber thieves hacked its payment system and stole credit card information. Shares of the New Jersey-based company were down 18 cents at $13.29 Monday morning on the New York Stock Exchange. "

Protecting National Security and Privacy: Approaches of New Administrations in the U.S. and Europe. In celebration of Data Privacy Day 2009, The Triangle Center on Terrorism and Homeland Security, along with Intel Corporation, hosted a Panel Discussion on The Future of Privacy and National Security. Participants included leading experts from the United States Departments of Homeland Security, Justice and State, the European Commission, the Council of European Union, and privacy experts from the private sector and academia. A PODCAST of this event is now available on iTunes U.

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The Nature of the Problem Identity theft has been referred to by some as the crime of the new millennium. It can be accomplished anonymously, easily, with a variety of means, and the impact upon the victim can be devastating. Identity theft is simply the theft of identity information such as a name, date of birth, Social Security number (SSN), or a credit card number. The mundane activities of a typical consumer during the course of a regular day may provide tremendous opportunities for an identity thief: purchasing gasoline, meals, clothes, or tickets to an athletic event; renting a car, a video, or home-improvement tools; purchasing gifts or trading stock on-line; receiving mail; or taking out the garbage or recycling. Any activity in which identity information is shared or made available to others creates an opportunity for identity theft. It is estimated that identity theft has become the fastest-growing financial crime in America and perhaps the fastest-growing crime of any kind in our society. Identity Theft: Is There Another You?: Joint hearing before the House Subcomms. on Telecommunications, Trade and Consumer Protection, and on Finance and Hazardous Materials, of the Comm. on Commerce, 106th Cong. 16 (1999) (testimony of Rep. John B. Shadegg). The illegal use of identity information has increased exponentially in recent years. In fiscal year 1999 alone, the Social Security Administration (SSA) Office of Inspector General (OIG) Fraud Hotline received approximately 62,000 allegations involving SSN misuse. The widespread use of SSNs as identifiers has reduced their security and increased the likelihood that they will be the object of identity theft. The expansion and popularity of the Internet to effect commercial transactions has increased the opportunities to commit crimes involving identity theft. The expansion and popularity of the Internet to post official information for the benefit of citizens and customers has also increased opportunities to obtain

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This FFIEC Financial Privacy InfoBase contains resource documents, audio presentations, and interactive training material for FFIEC agency examiners. InfoBase resources are organized to support independent study and research and are not presented as formal linear training.

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Cyber Security Training Overview The OISPP provides training and access to other training resources for government entities. These resources are collected from numerous sources. The OISPP will continue to update this web site as new training resources become available. * Information Security Leadership Academy * OISPP Security and Privacy Training * Free Online Training Resources * Other Free Training Resources Obtained Through the OISPP

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For most insurers, business intelligence means point solutions at best. But those carriers that weave analytics into the fabric of their organizations are equipped to drive more precision in pricing and greater profitability to the bottom line. For businesses that run on the analysis of information, insurers have proven notably reluctant to apply business intelligence (BI) and analytic technologies to risk management at both the corporate strategic level and in the front lines of underwriting. For a variety of reasons, enterprise risk management (ERM) solutions have been talked about far more than implemented, and BI and predictive analytics generally have been applied haphazardly or piecemeal, if at all. The financial crisis, however, has heightened interest in risk management technologies, owing to senior executives' fears of disastrous overexposure to risk. Their concerns are legitimate, but for insurance more than any other financial services sector, risk also is opportunity, and BI should be utilized more as a competitive weapon than a defensive shield. As insurance has become commoditized and investment returns have become less reliable, carriers' ability to more precisely analyze and underwrite risks can be a key source of competitive differentiation.

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New Englanders have a reputation for being taciturn, but when it comes to data Massachusetts takes the cake. No state loves its privacy more than the Bay State, which last year passed the nation's most exacting data privacy law, requiring companies to check off a honey-do list of steps designed to protect personal data belonging to commonwealth residents. Connecticut and Rhode Island preceded Massachusetts in joining the minority of states that have enacted proactive data privacy laws, requiring businesses to protect information like Social Security and credit card numbers. Maine, Vermont and New Hampshire, like nearly all states, have only reactive data laws, requiring companies to take certain steps - like reporting a breach to authorities - after data has been compromised. Rhode Island's law, passed in 2006, requires businesses that own or license Rhode Islanders' personal information to "provide reasonable security" for that data. Connecticut's law, passed shortly before Massachusetts enacted data privacy legislation last summer, requires businesses to create and publicly display a data protection policy, but does not specify what that policy should entail. The Connecticut and Rhode Island laws stop far short of the controversial requirements in Massachusetts, where new regulations are scheduled to take effect by January 2010. "They're not technically one-liners, but they're very general," Goodwin Procter LLP partner David Goldstone said of the Connecticut and Rhode Island statutes, which are similar to laws passed in Texas and California. "Essentially they say companies have to have reasonable protections in place."

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A former Miss West Virginia has won a $7.2 (NZ$12.6) million verdict against nine internet companies that tried to sell pornographic videos they falsely claimed featured her. A jury in US District Court in Clarksburg on Wednesday ordered each defendants to pay Allison Williams $800,000 for damaging the 2003 beauty queen's reputation and invading her privacy. Williams' attorney is appealing US District Judge Irene M. Kelley's decision to dismiss 28 other defendants in the United States, Australia, the Netherlands, Belgium, Cayman Islands, Canada and South Africa that allegedly took part in distributing the bogus videos. The videos surfaced in the fall of 2004. The videos show a woman that they claim to be, but isn't Williams, engaged in sex in the back of a television news truck.

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