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SEC Issues New Statement on Cybersecurity Incident Disclosure

Last week, Erik Gerding, Director of the SEC’s Division of Corporation Finance (the Division), issued a statement providing clarification regarding the disclosure of cybersecurity incidents by reporting companies. This...more

Maryland Enacts Sweeping Privacy Reform

The push by U.S. states to pass data privacy laws continues with Maryland being the 18th state to join their ranks. However, Maryland has taken a more stringent and comprehensive approach than many of its peers: Governor Wes...more

Maryland Says “Don’t Mess with Kids”

As U.S. states continue to pass data privacy legislation, Maryland has gone above and beyond in signing both the Maryland Online Data Privacy Act of 2024 (MODPA) and the Maryland Age Appropriate Design Code (HB 603/SB...more

American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that....more

New Jersey Adopts a Comprehensive Data Privacy Law

2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California, Colorado, Connecticut, Utah and Virginia. Already...more

Live Free and Protect: New Hampshire Joins the Growing List of States to Adopt a Comprehensive Data Privacy Law in 2024

New Hampshire’s New Law is on the Books - 2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California,...more

Further Updates to the CPPA Proposed Regulations: Risk Assessments and Automated Decisionmaking Technology

After years of internal discussion, the Board of the California Privacy Protection Agency (CPPA), at their March 8th meeting, voted to progress toward formalizing the proposed regulations on risk assessments and automated...more

Major Win for California Privacy Protection Agency: Enforcement of Regulations Can Begin Immediately

If you have been relying on last year’s court order staying the ability of the California Privacy Protection Agency (CPPA) to enforce regulations promulgated under the California Privacy Rights Act (CPRA) to also stay your...more

California Continues to Expand Privacy Protections

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (the “CCPA”), is regarded as one of the strongest and most comprehensive privacy laws in the United States and in recent...more

Wandering through the Consumer Health Data Privacy & Security Forest? There is a guide for that.....

If you are in the consumer health space, you have (or at least we hope you have...) figured out by now that there are health-related privacy and security laws and regulations that apply to your business. The Federal Trade...more

Release of new Mintz Matrix! States keep tinkering

Several states have clarified or tightened their data breach notification statutes since we last updated the Mintz Matrix at the beginning of the year. Please click here for the latest edition of the Mintz Matrix, which is a...more

Draft Cybersecurity Audit and Risk Assessment Regulations Issued by CPPA

The California Privacy Protection Agency (CPPA) has released its agenda for the September 8 board meeting, which includes (among other topics) presentation of a draft Cybersecurity Audit Regulation and a draft Risk Assessment...more

SEC Adopts Final Cybersecurity Rules for Public Companies

In a narrow 3-2 decision on July 26, the SEC adopted its final rule concerning cybersecurity risk management, strategy, governance, and incident disclosure (the “Final Rule”).  Below we highlight some of the principal changes...more

Texas Has Been Busy Ramping up Privacy Protections with New Comprehensive Data Privacy Law and Stricter Data Breach Notification...

Texas has joined the growing list of states enacting comprehensive consumer data privacy laws. On June 18, 2023, Governor Abbott (R) signed H.B.4, otherwise known as the Texas Data Privacy and Security Act (“TDPSA”). The...more

The FTC Sets Its Sights on Biometric Information

Does your business collect or use fingerprints?  Do your building access points use retina, finger, or palm scans?  Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more

Judge Delays CPRA Regulation Enforcement

Judge James Arguelles has sided with California businesses in holding that the California Privacy Protection Agency (CPPA) cannot start enforcement of regulations promulgated under the California Privacy Rights Act (CPRA) for...more

Florida Governor Signs Data Privacy Law Focused on Children, Search Engines and Billion Dollar Businesses

Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...more

Microsoft Xbox Alleged COPPA Violations Costly: $20 Million

Blaming a "data retention glitch," Microsoft has agreed to pay the Federal Trade Commission $20 million to settle allegations that the company's Xbox gaming system has illegally collected personal information from children...more

May Madness: Montana’s New Consumer Data Privacy Law Follows the Leaders ... and we’re not talking about California!

Our May Madness series is getting you caught up on comprehensive privacy legislation passing state legislatures across the nation.  In April, governors signed legislation in Tennessee and Indiana, and this month ahead of...more

Cloud(y) with a chance of incidents....

I hear this frequently: "We've moved everything to the cloud, so our security is good." Maybe yes, maybe no. Cloud applications operate on a "shared responsibility" model, which means that the cloud provider will have a...more

Mintz May Madness: Comprehensive Data Privacy Laws Sweeping the Nation

Indiana's New Law is on the Books - Last month, three more state legislatures passed comprehensive data privacy laws. Just this week, Indiana’s governor signed one of them - the Indiana Consumer Data Privacy Act (“ICDPA’) -...more

SEC Notice to Public Companies: Less-than-forthcoming Breach Disclosures Can Cost You

Just ahead of the expected April release of the final SEC cybersecurity regulations, the SEC has fined Blackbaud, a donor data management platform used widely by nonprofits, $3 million dollars for "misleading disclosures" in...more

Healthcare Hacks: Weak links

The FBI and the Cybersecurity & Infrastructure Security Agency have been warning the healthcare sector for years about vulnerabilities and ransomware gangs targeting those vulnerabilities. With millions of records -- and...more

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