Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: November 29, 2017
The Firm
201-896-4100 info@sh-law.comThe New Jersey Attorney General’s Office and the State Police published recently the state’s first annual data breach report. It revealed that more than 116,000 New Jersey residents fell victim to 676 data breaches reported in 2016.
“Doing business online and on our devices has become so routine that it’s easy to let our guard down. But as these statistics on data breaches highlight, it’s critical that we protect our sensitive personal information from the many who seek to access it for harmful ends,” Attorney General Christopher Porrino said in a press statement.
In 2015, Gov. Chris Christie established the New Jersey Cybersecurity and Communications Integration Cell (NJCCIC), which serves as the state’s central hub for cybersecurity information sharing, threat analysis, and incident reporting. The goal of the central agency is to reduce New Jersey’s cyber risk and respond to emergent incidents through collaborations between local, state, federal, public, and private sector institutions.
Businesses can subscribe to cyber alerts via the NJCCIC website, as well as report data breaches. Under New Jersey’s Identity Theft Prevention Act, any business that operates in New Jersey or any public entity that compiles or maintains computerized records that include personal information must report a breach of security to the State Police and notify affected individuals who are New Jersey residents and whose personal information was or believed to have been accessed by an unauthorized person.
The Identity Theft Resource Center (ITRC) defines a data breach to include an incident in which an individual name plus a Social Security number, driver’s license number, medical record or financial record (credit/debit cards included) is potentially put at risk because of exposure. This exposure can occur either electronically or in paper format. The ITRC also tracks breaches that do not trigger data breach notification obligations. Generally, non-reportable breaches may consist of exposure of user names, emails and passwords that do not fall within New Jersey’s definition of sensitive personal identifying information. These breach incidents are included by name but without the total number of compromised records included in the cumulative total. Importantly, other states have broader definitions of sensitive personal identifying information, which may include email addresses and passwords that may trigger the obligation to report the breach. Thus, any breach involving personal information of residents of other states requires a careful analysis of each state’s data breach notification laws to ensure compliance.
The NJCCIC currently tracks seven categories of data loss methods:
The NJCCIC also tracks various types of information compromised:
According to the report released, the finance/banking industry saw the most data breaches in 2016. Other business sectors most often involved with breaches were health services, business services, and retail trade. Other industries highlighted included education, restaurant, industrial/manufacturing, hotels, non-profits, non-medical insurance, and telecommunications, among others.
Data loss was most frequently attributed to phishing and hacking. Website malware, employee incident, unauthorized email access and ransomware were also utilized to target New Jersey businesses and residents.
The NJ Attorney General also highlighted legal actions taken in 2017 by the Division of Law and the Division of Consumer Affairs to address data breaches. They included:
The single most important thing you can do to address a cyber breach or threat is contact immediately a team of professionals, led by an experienced lawyer knowledgeable in breach response.
Do you have any feedback, thoughts, reactions or comments concerning this topic? Feel free to leave a comment below for Fernando M. Pinguelo. If you have any questions about this post, please contact me or the Scarinci Hollenbeck attorney with whom you work. To learn more about data privacy and security, visit eWhiteHouse Watch – Where Technology, Politics, and Privacy Collide (http://ewhwblog.com).
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!