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Pages 16-19

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From page 16... ... 16 merchant's terminal is not enabled for chip payment, or (2) the card is a chip card that prefers PIN verification and the terminal is chip-enabled requiring a signature verification.154 Transactions that do not require cardholder verification are not affected by the liability shift. Read the entire page →
From page 17... ... 17 the common law, the courts typically strictly construe the legislation.161 Government agencies may have immunity even for claims for an unauthorized disclosure of personal data. In Axtell v. Read the entire page →
From page 18... ... 18 state law may provide a cause of action against a government agency for a privacy violation or breach of data security. The state law may apply to private entities as well. Read the entire page →
From page 19... ... 19 failed to establish that Strautins' PII was in fact "stolen and compromised."189 Because all individuals who filed taxes during the relevant period did not have their data stolen, individuals whose PII may have been stolen were asked to call an SCDOR hotline to determine whether in fact their PII had been stolen. Strautins neither took the steps to verify whether her PII had been stolen nor received notice from Trustwave or SCDOR that her data had been stolen.190 Therefore, Strautins failed to meet the first element of standing, a showing of an injury.191 Fourth, transit agencies' agreements with customers, terms of use, or privacy policies may include language that would be sufficient to obtain a dismissal of a claim for breach of an express or implied contract or for negligence. Read the entire page →

From page 16...

... 16 merchant's terminal is not enabled for chip payment, or (2) the card is a chip card that prefers PIN verification and the terminal is chip-enabled requiring a signature verification.154 Transactions that do not require cardholder verification are not affected by the liability shift.

Read the entire page →

From page 17...

... 17 the common law, the courts typically strictly construe the legislation.161 Government agencies may have immunity even for claims for an unauthorized disclosure of personal data. In Axtell v.

Read the entire page →

From page 18...

... 18 state law may provide a cause of action against a government agency for a privacy violation or breach of data security. The state law may apply to private entities as well.

Read the entire page →

From page 19...

... 19 failed to establish that Strautins' PII was in fact "stolen and compromised."189 Because all individuals who filed taxes during the relevant period did not have their data stolen, individuals whose PII may have been stolen were asked to call an SCDOR hotline to determine whether in fact their PII had been stolen. Strautins neither took the steps to verify whether her PII had been stolen nor received notice from Trustwave or SCDOR that her data had been stolen.190 Therefore, Strautins failed to meet the first element of standing, a showing of an injury.191 Fourth, transit agencies' agreements with customers, terms of use, or privacy policies may include language that would be sufficient to obtain a dismissal of a claim for breach of an express or implied contract or for negligence.

Read the entire page →

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