Wyatt Employment Law Report


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Legislation Would Require Kentucky Businesses to Notify Consumers of Data Breaches

By Daniel C.  Soldato

Data breaches, particularly of consumer information and other private information, are becoming an increasing public concern and a headline in the daily news.  We regularly hear about incidents in which electronically stored customer information is lost by or stolen from businesses, including health care companies, retailers, and telecommunications companies.  These risks are exponentially increasing with the increased use of mobile devices in businesses (e.g., laptops, tablets, flash drives, smartphones, etc.) and the increased use of mobile apps by consumers.  Electronic data, if not adequately secured, can lead to both physical and electronic thefts (e.g., hacking, malware, etc.).  In light of the increase in data breach reports, this week, the Consumer Financial Protection Bureau issued an advisory bulletin to provide guidance to consumers on protecting their personal information following the recent high-profile breaches involving debit cards and other payment data (e.g., Target, Michaels, Neiman Marcus).  Notice to consumers about a breach of their data is seen as another way to further protect against a loss. Continue reading