Author: PBA Cybersecurity and Data Privacy

The Pennsylvania Cybersecurity and Data Privacy Committee analyzes cybersecurity issues and educates PBA members about legal, regulatory and industry standards that preserve the confidentiality of protected information.

PBA Cybersecurity & Data Privacy Committee Members Moderate a Discussion on Dittman v. UPMC

By Devin Chwastyk and Thomas Markey,  McNees Wallace & Nurick LLC    PBA Cybersecurity & Data Privacy Committee members Devin Chwastyk and Thomas Markey recently moderated a roundtable discussion on the Pennsylvania Supreme Court data breach case Dittman v. UPMC. In Dittman, Pennsylvania’s highest court held that employers owe their employees a duty to exercise
Read More »

Massachusetts High Court Holds Suspect Can Be Compelled to Unlock Smart Phone

By Sara Beth A.R. Kohut, Young Conaway Stargatt & Taylor LLP   The highest court of Massachusetts recently held that a suspect can be compelled to enter his passcode to unlock and decrypt his cell phone where the government showed the suspect’s knowledge of the passcode was a foregone conclusion.   In Commonwealth v. Jones,
Read More »

Police Can’t Force You to Unlock Your Phone with Finger or Face, Judge Rules

By Jeffrey A. Franklin, Prince Law Offices P.C. On January 10, 2019, a federal magistrate judge limited law enforcement’s requests to utilize biometric features, e.g., finger, facial or iris recognition, to unlock smartphones or computers that may be found at a residence during a search. The ruling came In the Matter of the Search of
Read More »

Is Your Cyber Insurance Policy Worth the Paper It’s Printed On?

By Jeffrey A. Franklin, Prince Law Offices P.C. Cyber insurance policies are now standard procedure for companies seeking to shift some risk in case of malware attacks and cyber hacks. In a test of the developing cyber insurance industry, Zurich America Insurance Company is reportedly refusing to pay out a $100 million claim from consumer
Read More »