Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Jersey Cyber Breaches by the Numbers 

Author: Scarinci Hollenbeck, LLC

Date: November 29, 2017

Key Contacts

Back

New Jersey Recently Published a Report Detailing The Year’s Cyber Breaches

The 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.

New Jersey Cyber Breaches By the Number
Photo courtesy of Ehud Neuhaus (Unsplash.com)

“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.

New Jersey Data Breach Notification Requirements

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:

  • Insider Theft
  • Hacking / Computer Intrusion (also includes Phishing/Skimming/Ransomware/Malware)
  • Data on the Move
  • Physical Theft
  • Subcontractor/Third Party/Business Associate
  • Employee Error / Negligence / Improper Disposal / Lost
  • Accidental Web/Internet Exposure

The NJCCIC also tracks various types of information compromised:

  • Social Security number
  • Credit/Debit Card number
  • Email/Password/User Name
  • Protected Health Information (PHI)
  • Driver’s License
  • Financial Accounts
  • Other/Undefined type of records

New Jersey Data Breach Statistics

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.

New Jersey Data Breach Enforcement Actions

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:

  • Vizio Inc: In February, the DCA announced that Vizio Inc. and its subsidiary Vizio Inscape Services LLC agreed to pay the state and the Federal Trade Commission $2.5 million and change their business practices to settle allegations they violated the New Jersey Consumer Fraud Act and the Federal Trade Commission Act by surreptitiously tracking consumers’ television viewing habits and selling the information to marketing companies and data brokers.
  • Horizon Healthcare Services Inc.: In February, the DCA also announced a $1.1 million settlement with Horizon Healthcare Services Inc., more commonly known as Horizon Blue Cross Blue Shield of New Jersey, to resolve claims under the New Jersey Consumer Fraud Act and the federal Health Insurance Portability Accountability Act. The State alleged that Horizon violated the CFA and HIPAA by failing to properly protect the privacy of New Jersey policyholders whose unencrypted personal information was contained on two laptops stolen from the insurer’s Newark headquarters.
  • Target Corp.: In May, the Attorney General’s Office announced that Target Corp. agreed to pay New Jersey, 46 other states, and the District of Columbia more than $18 million to resolve a multistate investigation into a data breach that compromised the payment card information of shoppers nationwide. New Jersey, received a total payout of $680,411 from Target. In addition to the monetary terms, Target agreed to enact a variety of cybersecurity reforms designed to prevent similar data breaches in the future, including the creation of an information security program.

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.

    Scarinci Hollenbeck, LLC, LLC

    Related Posts

    See all
    Are Stay Interviews the Key to Retaining Top Talent? post image

    Are Stay Interviews the Key to Retaining Top Talent?

    Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

    Author: Angela A. Turiano

    Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
    Why Secured Transactions Are Important post image

    Why Secured Transactions Are Important

    Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

    Author: Dan Brecher

    Link to post with title - "Why Secured Transactions Are Important"
    Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications post image

    Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications

    Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]

    Author: Dan Brecher

    Link to post with title - "Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications"
    Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors post image

    Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors

    The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]

    Author: Dan Brecher

    Link to post with title - "Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors"
    Corporate Consolidation and Antitrust Issues in Mergers post image

    Corporate Consolidation and Antitrust Issues in Mergers

    Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]

    Author: Dan Brecher

    Link to post with title - "Corporate Consolidation and Antitrust Issues in Mergers"
    What is Business Law and Why Is it Important? post image

    What is Business Law and Why Is it Important?

    Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]

    Author: Dan Brecher

    Link to post with title - "What is Business Law and Why Is it Important?"

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Sign up to get the latest from our attorneys!

    Explore What Matters Most to You.

    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!

    * The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

    Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!