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FTC's Big Data Report Provides Road Map for Insurers Using Big Data

On January 6, the Federal Trade Commission ("FTC") released a report entitled "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues" ("Report") that follows the FTC's September 15, 2014 workshop on "the...more

NAIC Adopts "Roadmap for Cybersecurity Consumer Protection"

On December 17, 2015, members of the National Association of Insurance Commissioners Executive Committee approved a revised version of its Cybersecurity Bill of Rights that includes a name change and the addition of an...more

Triple-S Management Corporation Will Pay $3.5 Million To Settle Potential HIPAA Violations

On November 30, 2015, the United States Department of Health and Human Services Office for Civil Rights (“OCR”) announced that Triple-S Management Corporation had agreed to pay $3.5 million to settle potential violations of...more

Insurance Issues in the Sharing Economy

Last week, I co-moderated a panel discussion at the Bar Association of San Francisco entitled “Insurance Issues In The Sharing Economy.” We had a lively and informative panel discussion between Kate Sampson, Managing Director...more

Third Party Administrator Update: TPA Regulatory and Legislative Developments - December 2015

Polsinelli is pleased to share the December 2015 Third Party Administrator Newsletter. This newsletter covers topics throughout the year that effect TPAs. Items discussed in this report include: - State Insurance...more

HIPAA and Health Care Data Privacy – 2015 Year in Review

As the year winds down, we look back with a mixture of nostalgia and queasiness on the major Health Insurance Portability and Accountability Act (HIPAA) events that defined 2015. Incredibly large data breaches became...more

Cyber-Insurance Does Not Ensure Protection From Data Breach

With data breaches on the rise, an oft-repeated piece of advice is to purchase cyber-insurance, a relatively new type of insurance policy specifically designed to insure against the potentially astronomical costs associated...more

Washington Healthcare Update

This Week: Congress tries to put together a tax extender package, which may provide an opportunity for some Affordable Care Act changes... HHS releases final rule on bundled payment for Joint Replacement Comprehensive Care...more

NAIC Cybersecurity Bill of Rights: The Awkward New Guest at the Data Breach Law Party

On October 14, 2015, the NAIC’s Cybersecurity (EX) Task Force adopted a Cybersecurity Bill of Rights, an aspirational, well-intended document outlining the rights insurance consumers should (or could? or might? this point...more

New York Department of Financial Services Previews Upcoming Cybersecurity Regulations for Banks and Insurers

Anthony Albanese, the head of the New York Department of Financial Services, issued a letter to more than 20 federal and state regulators outlining proposed cybersecurity regulations for banks and insurance companies...more

Companies, Through Best Practices, Can Help Keep Cyber Insurance Prices Reasonable

In speaking to a cybersecurity conference in 2012, then FBI Director Robert Mueller told attendees that there are only two types of companies: those that have been hacked and those that will be. Sadly, with each passing day,...more

NAIC cybersecurity task force adopts Cybersecurity Bill of Rights for insurance consumers

On October 14, the National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Task Force released an updated draft of its Cybersecurity Bill of Rights. The bill, which updates a prior draft published for...more

NAIC Cybersecurity Task Force Adopts Cybersecurity Bill of Rights

On October 14, 2015, the National Association of Insurance Commissioners’ (NAIC) Cybersecurity Task Force adopted the Cybersecurity Bill of Rights, a document meant to inform consumers of the services they can expect from...more

NAIC Adopts Cybersecurity Bill of Rights

The National Association of Insurance Commissioners (“NAIC”) continued its efforts to advance cybersecurity in the insurance industry when it recently adopted the Cybersecurity Bill of Rights. The Cybersecurity Bill of Rights...more

Does the Schrems Decision Open the Door to New Cyber Insurance Exclusions?

The shockwaves continue from the October 6, 2015 ruling of the Court of Justice of the European Union (CJEU), the European Union’s highest court, invalidating the U.S.-EU “Safe Harbor” data transfer regime in a controversy...more

The Evolving World of Privacy and Data Security Covered at Nossaman-UCI Cyber Symposium

On October 12, Nossaman and UC Irvine hosted their first annual cyber symposium at the Los Angeles City Club. The event brought experts together to discuss a variety of critical issues in the worlds of privacy and data...more

Manatt Digital Media - October 2015

In this newsletter, we highlight some of the ways digital technologies are transforming healthcare and the opportunities and challenges they present to individuals and businesses. We also introduce you to our team at Manatt...more

NAIC Cybersecurity “Bill of Rights” Wrong to Many Insurers

Last week, an NAIC task force moved forward in recommending a cybersecurity “bill of rights” that insurance regulators could provide consumers, essentially creating an expectation of notice of a breach “never more than 60...more

When a Cyber Attack Has Physical Impact

October ordinarily brings the return of crisp air, fall foliage, and Halloween. This year, for the first time, it also brings National Cyber Security Awareness Month. Yet designating a month to increase cybersecurity...more

Latest NAIC Cybersecurity News

The National Association of Insurance Commissioners has announced three initiatives in furtherance of its goal to address cybersecurity issues faced by insurance companies, their state regulators, and consumers, which it...more

State Data Breach Notification Requirements Specifically Applicable to Insurers

Almost all U.S. states and territories have enacted breach notification laws requiring private and/or government entities to notify individuals when their personal information is compromised....more

Treasury Deputy Secretary Raskin Delivers Remarks On Cybersecurity and Insurance

On September 10, Deputy Secretary of the Treasury Sarah Bloom Raskin delivered remarks at the Center for Strategic and International Studies Strategic Technologies Program in Washington, D.C. After summarizing threats posed...more

Cybersecurity as a Regulatory Issue: The NAIC Considers The Anthem Breach And Weighs a “Cybersecurity Bill of Rights”

The Cybersecurity Task Force of the National Association of Insurance Commissioners (the “NAIC”) met last month, as part of on the NAIC’s 2015 Summer National Meeting in Chicago. The Task Force focused on two issues: the...more

Is Your Health Plan HIPAA Compliant?

Data breaches with respect to medical information are on the rise, given that such information is generally more valuable on the black market than stolen credit card data. The 2015 breach of healthcare company Anthem, Inc.,...more

Privacy & Cybersecurity Update - July 2015

Seventh Circuit Decision May Make It Easier for Class Action Plaintiffs to Establish Standing in Data Breach Cases - The Seventh Circuit has issued a decision that could make it much easier for class action plaintiffs to...more

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