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Nick Merker Quoted in <i>Law360</i>: "MGM Resorts Data Breach Exposes Guests' Personal Details" Nick Merker Quoted in <i>Law360</i>: "MGM Resorts Data Breach Exposes Guests' Personal Details"

Nick Merker Quoted in Law360: "MGM Resorts Data Breach Exposes Guests' Personal Details"

Nick MerkerIce Miller partner Nick Merker was quoted in the Law360 article, "MGM Resorts Data Breach Exposes Guests' Personal Details."

The article included: 

Nicholas Merker, the co-chair of the privacy and cybersecurity practice at Ice Miller LLP, said that most state data breach notification laws define "personal information" as more sensitive forms of data, like Social Security numbers or financial information.

"Most definitions [of personal information] require more than a name, address, and phone number," Merker said.

Yet businesses should be careful in relying on the notification exemption for publicly available information "because how the business obtains the data may be pertinent," Merker added.

"For example, in some states, the exclusion applies if a company picks up a phone book and writes down information but does not apply if the company directly receives that same phone book information from a consumer," he said.


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