Archive for July, 2020

Blackbaud Data Breach: Do You Need to Notify Affected Individuals or EU Data Protection Authorities? – Lexology

On July 16, 2020, Blackbaud, a U.S. based cloud computing provider and one of the worlds largest providers of education administration, fundraising, and financial management software, notified users of its services that it had suffered a ransomware attack in May 2020 in relation to personal data stored on their servers. Numerous colleges, universities, foundations, and other non-profits across the U.K., U.S. and Canada were affected.

Blackbauds handling of the attack has raised some questions. Blackbaud has confirmed in a statement on its website that they paid the cyber-criminals ransom demand in return for confirmation that the stolen data had been destroyed. Paying ransom demands is not unlawful, but it goes against the official advice issued by many law enforcement agencies, including the FBI. In addition, Blackbaud has faced criticism for taking many weeks to inform its customers of the breach.

Much of the affected data was of a nature that would not trigger notice requirements in the United States, because the elements that constitute sensitive data in the U.S. (such as usernames, passwords and social security numbers) were encrypted. However, there are a handful of states (notably Washington and North Dakota) that have notification statutes requiring notice to affected individuals if other kinds of information is accessed, such as names together with dates of birth, and was the case for many of Blackbauds customers.

The bigger issue, however, is for those U.S.-based entities who actively target individuals in the European Union. For example, many colleges and universities in the United States actively recruit prospective students or donors in the European Union. These types of recruitment activities are likely to bring them in scope of the EUs General Data Protection Regulation (GDPR).

The GDPR is a far-reaching piece of European legislation which applies to organizations outside the EU and includes draconian financial sanctions for non-compliance. Moreover, the standard for notification to individuals and data protection authorities in the EU is much lower than in most U.S. states. The GDPR requires that data breaches are reported to European data protection supervisory authorities unless the breach is unlikely to result in a risk to the rights and freedoms of individuals. This requires the affected institution to perform a thorough, documented risk assessment in each case.

Larger institutions may have already analyzed the need to comply with the GDPR and will therefore be aware that, if they are in scope of the GDPR, they may be required to report the breach both to the individuals concerned and to the relevant data protection supervisory authority in the EU. However, many smaller institutions may not have performed that analysis. This situation may find them needing to report the breach, but in doing so perhaps also alerting the data protection authorities to the fact that they may be subject to GDPR and may not be compliant in other ways. For instance, the GDPR requires specific contractual terms (including terms relating to the handling of data breaches) to be in place between customers and vendors where vendors process personal data on behalf of the customer.

The attack on Blackbaud is a major data breach. It may serve as a catalyst for U.S. non-profits to take a longer look at the GDPR and analyze their own need to comply.

Affected organizations both in and outside the EU should be working to determine what data has been compromised and whether they need to notify the local supervisory authority. The breach should also prompt all organizations to review any vendor contracts where personal data is involved, with a particular focus on ensuring that (a) the responsibility for data breach falls on the vendor and (b) strict notification timescales are imposed on the vendor (with the aim of preventing the lengthy delay in informing customers that has occurred in the Blackbaud case). Organizations that are subject to GDPR should also ensure that they implement GDPR-compliant vendor contracts.

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Blackbaud Data Breach: Do You Need to Notify Affected Individuals or EU Data Protection Authorities? - Lexology

Proposed US tariffs on EU seafood products nearing end of consultation period – SeafoodSource

A bevy of seafood products from the European Union could be the target of new tariffs by the United States, stemming from a dispute over European subsidies for Airbus.

Starting in October, several mainly premium goods from the E.U. such as Scotch whisky, cashmere, cheeses, and others have carried a 25 percent tariff, with salmon and other seafood products barely avoiding a tariff in the trade spat. The tariffs stem from U.S. criticisms of what it calls over-subsidization of Airbus by European governments, with the World Trade Organization (WTO) allowing the U.S. to take USD 7.5 billion (EUR 6.3 billion) in retaliatory tariffs, BBC news reported.

The tariffs have already been impacting certain seafood products from Europe from other regions prepared or preserved mussels, clams, cockles, razor claims, and molluscs have all been hit with the 25 percent tariffs, according toa list released by the USTR.

For years, Europe has been providing massive subsidies to Airbus that have seriously injured the U.S. aerospace industry and our workers. Finally, after 15 years of litigation, the WTO has confirmed that the United States is entitled to impose countermeasures in response to the EUs illegal subsidies, U.S. Trade Representative Robert Lighthizer said at the time.

Now, the WTO has agreed to even more U.S. claims about Airbus subsidies, opening the door for more potential tariffs. That means more seafood products could be on the chopping block. In June, the U.S. Trade Representative put out a notice that it is considering expanding the potential items being tariffed. The majority of the seafood items were considered for tariffs in the first round implemented in October, but were subsequently excluded from tariffs.

Included on that list of new products that could be tariffed are:

A decision on the products is expected to take place some time after 12 August, when a U.S. consultation ends.

Photo courtesy of barmalini/Shutterstock

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Proposed US tariffs on EU seafood products nearing end of consultation period - SeafoodSource

5-year-old boy severely injured after being run over during camping trip – East Idaho News

Jack Moser | Courtesy Jordan Peterson

ISLAND PARK A Pocatello child was severely injured Monday when a family camping trip turned into a parents worst nightmare.

Five-year-old Jack Moser was riding his bike at a campsite in Island Park when a truck hauling a trailer pulled through the campground, according to his uncle Jordan Peterson. He said Jack pulled off to the side, but when the trailer was next to him, Jack lost his balance, fell and was ran over by two tires.

There happened to be an ambulance coming from Hebgen Lake (Montana) going to Madison Memorial in Rexburg that saw the call come in, Peterson said. They had a patient in the back of the ambulance and the EMTs realized this is pretty serious. They were about two miles away and they ended up going (to the campground).

The paramedics took the other patient, Jack, and his mother, Amber, in the ambulance to Madison Memorial Hospital. Once there, he was airlifted to Eastern Idaho Regional Medical Center.

A firefighter was giving Amber a ride to EIRMC in a department vehicle that had lights and sirens on but on their way, Peterson said somebody failed to yield and hit the emergency vehicle.

It just so happened that another vehicle that was passing by was a nursing student who was graduating the next day, Peterson said. He and his kids were in the car and offered to give my sister a ride the rest of the way to Idaho Falls.

Courtesy Jordan Peterson

Jack lost over half of his blood volume by the time he arrived at EIRMC. He was intubated, sedated and flown to Primary Childrens Hospital in Salt Lake City where emergency surgery was performed to try and stop the bleeding.

Between Idaho Falls and Salt Lake, Jack received 11 units of blood products and platelets, so he has more donor blood in his body than he has his own, Peterson explained.

Doctors determined Jack has a broken pelvis, broken femur, damage to his colon and bladder and a laceration to his perineum, which is the underside between his legs. Hes already undergone several surgeries since the accident.

On top of everything, Jacks father, Jordan, isnt allowed to visit the hospital because the patient Amber and Jack rode with in the ambulance to Rexburg tested positive for COVID-19. Amber and Jack are being quarantined for 14 days.

Theres a lot of factors about this thing, Peterson said. Its not just one thing. Its everything. Theres so much going on its hard to comprehend.

Peterson said Jack, who is typically the happiest, most charming child, has a long road ahead of him.

Its not just this week or next week, this is going to be six months to a year at least of recovery time, Peterson said.

To help the Moser family, a GoFundMe acount has been set up and people can donate via Venmo.

Theres also a Jog for Jack! fundraiser Saturday from 8 a.m. to 9 a.m. at Jriven Fitness, located at 669 W. Quinn No. 13. in Pocatello.

Courtesy Jordan Peterson

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5-year-old boy severely injured after being run over during camping trip - East Idaho News

Gwich’in voters can cast ballots over the phone in upcoming election – CBC.ca

People will now be able to cast phone-in votes in the upcoming Gwich'in Tribal Council election.

This is a first for members of the council. In2016, it first introduced online voting.

Now voters who may have trouble accessinginternet and who can't vote in person due to living far from voting sites or those with health concerns will have another option.

Mary Ann Villeneuve, the chief returning officer with thecouncil, said phone voting was introduced partly because of concerns over the accessibility of online voting among elders.

"It gives people anoption, right? Maybe they don't have internet or you know, they're not familiar with voting online or anything technology," Villeneuve said.

Gwich'in voters who opt to do electronic voting will be able to go online or call a number and enter their unique pin to cast a ballot.

"Voters will receive it in the mail. Basically, it's a letter it will have all the instructions,"Villeneuve said.

She said people can also request an absentee ballot if neither electronic voting nor in-person voting is an option.

The election is on Sept. 3 between 9 a.m. and 8 p.m. MT.

There are two candidates running for chief and two candidates running for deputy grand chief.Neither current Grand Chief Bobbie Jo Greenland-Morgan, nor deputy chief Jordan Peterson will be running.

There will be health safety measures in place at in-person voting stations for those who cast paper ballots.

In-person polling stations include:

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Gwich'in voters can cast ballots over the phone in upcoming election - CBC.ca

Hess Jr. claims third win in a row at Eriez | News, Sports, Jobs – timesobserver.com

Photo courtesy of Dave Hess Facebook page Dave Hess Jr. won his third consecutive Super Late Model feature race at Eriez Speedway on Saturday night. It was his 42nd career win, tying him with Dick Barton for second all-time.

HAMMETT Another sultry night of racing was on the agenda for Eriez Speedway Saturday with veteran Dave Hess Jr. collecting his third Mill Run Collision Super Late Model win in a row; Breyton Santee winning his first Nic Dit Trucking RUSH Late Model win of the season; Ty Rhoades claiming his first of the season in the Waterford Hotel E-Mods; Jason Black getting his first trip to the Curtze Food Service Street Stock Victory Lane; Matt Alexander collecting the win after a bizarre Johnsons Car Care and Collision Economod finish; and Chris Horton racking up his second L & D Tree Service win of 2020.

Mill Run Collision Super Late Models

Heat 1: Colton Flinner, Matt Urban, Nathan Hill, Dutch Davies, Dave Lyon, Khole Wanzer, Breyton Santee

Heat 2: Mike Knight, Brandon Groters, Steve Kania, Chub Frank, Chris Hackett, Wendell Pinckney, Anthony Marotto

Heat 3: Dave Hess Jr, Andy Boozel, Matt Lux, Darrell Bossard, John Lobb, Greg Oakes

Feature: Dave Hess Jr, Mike Knight, Steve Kania, Matt Lux, Matt Urban, Andy Boozel, Dave Lyon, Dutch Davies, Wendell Pinckney, Breyton Santee, Brandon Groters, Anthony Marotto, Nate Hill, Khole Wanzer, Chris Hackett, Greg Oakes, Chub Frank, John Lobb, Colton Flinner

Nic Dit Trucking RUSH Crate Late Models

Heat 1: Matt Latta, Kyle Zimmerman, Chub Frank, David Parker, Khole Wanzer, Brandon Porter, Darrin Waldron, Steve Houser, Jacob Peterson

Heat 2: Billy Henry, Jason Genco, Shane Crotty, Breyton Santee, Matt Sipes, Chad Clement, John Woodward, Jonathan Stockdale, D J Krug

Heat 3: Darrell Bossard, Jon Rivers, Scott Gurdak, Brian Larson, Gary Troyer, Paul Norman, Josh Beckstrom, Brad Stoeger

B-Main: Jacob Peterson, Jonathan Stockdale, Steve a Houser, Brad Stoeger, D J Krug (DNS)

Feature: Breyton Santee, Jason Genco, Darrell Bossard, Chub Frank, Matt Latta, Billy Henry, Shane Crotty, Scott Gurdak, Matt Sipes, Khole Wanzer, Kyle Zimmerman, Gary Troyer, Chad Clement, Paul Norman, Josh Backstrom, Jon Rivers, Jonathan Stockdale, Brandon Porter, David Parker, Brian Larson, Jacob Peterson, Darrin Waldron, John Woodward, Steve Houser (DNS)

Waterford Hotel Outlaw Modifieds

Heat 1: Joel Watson, Steve Sornberger, Troy Johnson, Jesse Gould, Mike McGee, David Lamphere, Tim Peterson, Brady Westfall, Justin Carlson

Heat 2: Mike Eschrich, Butch Southwell. Gary Eicher, Steve Simon, Chris Peterson, Brandon Grossman, Devin Dudenhoeffer, C J Ramsey, Bryon Johnson, David Warrior

Heat 3: Tim Rockwell, Greg Johnson, Ty Rhoades, Mark Titus, Ron Seeley, Hunter Hulley, Brian Mohawk, Vaughn Nystrom

Heat 4: Dennis Lunger, Randy Hall, Zach Johnson, John Boyd, Eric Reinwald, Steve Rex, Adam Ashcroft

B-Main 1: Dave Lamphere, Brady Westfall, Tim Peterson, C J Ramsey, David Warrior

B-Main 2: Justin Carlson, Steve Rex, Adam Ashcroft, Brian Mohawk, Bryon Johnson

Feature: Ty Rhoades, Mike McGee, Mike Eschrich, Joel Watson, Randy Hall, John Boyd, Tim Rockwell, Ron Seeley, Steve Simon, Zach Johnson, Steve Rex, Greg Johnson, Dave Lamphere, Butch Southwell, Eric Reinwald, Mark Titus, Steve Sornberger, Dennis Lunger, Troy Johnson, Jesse Gould, Gary Eicher, Chris Peterson, Brady Westfall (DNS)

Johnsons Car Care and Collision Economods

Heat 1: Bob Vogt, Todd Canter, Jason Brightman, Keith Felicetty, Todd Miller, Pat Passaniese, Jordan Simmons

Heat 2: Garrett Calvert, Zack Lenart, Steve Simon, Tyler Davis, Tim Stronghart, Brody Hill, Mike Johnstone, Dale Reiser

Heat 3: Gary Olson, Kyle Layton, Brad Boyd, Matt Alexander, Mike Harmon, Justin Chaddock, Mason Cantor, Ray Gregory

Feature: Matt Alexander, Bob Vogt, Brad Boyd, Steve Simon, Kyle Layton, Todd Canter, Justin Chaddock, Zack Lenart, Tim Stronghart, Tyler Davis, Jordan Simmons, Mike Johnstone, Jason Brightman, Mason Cantor, Pat Passaniese, Garrett Calvert, Dale Reiser, Keith Felicity, Gary Olson, Mike Harmon, Donald May, Todd Miller, Ray Gregory (DNS)

Curtze Food Service Street Stocks

Heat 1: Rod Laskey, Kyle Couchenour, Douglas Eck, Jason Black, Jimmy Kennerknecht, Drake McCray, Brian Graham, Shane Applebee

Heat 2: Jason Covey, Mike Miller, Wesley McCray, Pat Fielding, Gary Fisher, Anthony Marotto, Lonnie Waldron, Michael Reed, John Boardman

Feature: Jason Black, Rod Laskey, Mike Miller, Douglas Eck, Gary Fisher, Jimmy Kennerknecht, Steve Yokum, Kyle Couchenour, Pat Fielding, Drake McCray, Wesley McCray, Michael Reed, Justin Pratt, Brian Graham, Lonnie Waldron, Andrew Van Every, Jason Covey, John Boardman, Shane Applebee (DNS)

L & D Tree Service Challengers

Heat 1: Dalton Eggleston, James Weigle, Wes Stull, Todd Hanlon, Jordan Melice, Nicholas Reed, Brandon Huffman, McClintock, Tommy LaBarbera, Brian McDonald, Corey Mason

Heat 2: Davey Lowe, Zack Eller, Holden Heineman, Andrew Smith, Joe Mason, G Reinwald, Jonathan Seekings, J Glover, Kasey Markham

Heat 3: Mark Lawrence, Kevin Covell, Pat Oyer, Tommy LaBarbera, Nick Eck, Jasmine Markham, Joe Syzmanski, Dale McDonald Jr, Lewis Krapf, Joe Lindberg, Alex Siekkinen

Heat 4: Jeff Nunemaker, Chris Horton, Pat Hanlon, Derrick Randolph, R Moller, Mikael Beaver, Ricky Houser, John Mease, Brandon Hall

B-Main 1: Brandon Huffman, Nicholas Reed, Tommy LaBarbera, Jonathan Seekings, 54, 16, Kasey Markham, Brian McDonald, 12, Charles McClintock, Gary Youngs (DNS)

B-Main 2: Brandon Hall, Joe Syzmanski, Donald May, Mikael Beaver, John Mease, Joe Lindberg, Dale McDonald, Ricky Houser, Lewis Krapf (DNS), Greg Marsh (DNS), Alex Siekkinen (DNS)

Feature: Chris Horton, Todd Hanlon, Zack Eller, Holden Heineman, Dave Lowe, Mark Lawrence, Wes Stull, Jeff Nunemaker, Pat Oyer, Brandon Huffman, Kevin Covell, Nicholas Eck, Nicholas Reed, Mikael Beaver, Jordan Melice, Joe Syzmanski, Joe Mason, Patrick Hanlon, Dalton Eggleston, Brandon Hall, James Weigle, Body McClintock, Derrick Randolph, Rachel Moller

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Hess Jr. claims third win in a row at Eriez | News, Sports, Jobs - timesobserver.com