Breach Notification Rule

News & Analysis as of

New Mexico to Become 48th State to Enact Data Breach Notification Statute

Once Governor Susana Martinez signs the act into law, New Mexico will become the 48th state and 52nd US jurisdiction to adopt notification obligations for entities that have experienced a data breach....more

What Does the Introduction of Mandatory Data Breach Notification in Australia Mean for You?

Australia's Data Breach Bill amends the Privacy Act 1988 (Cth) ("Privacy Act") and requires private and public organisations regulated by the Privacy Act to notify affected individuals and the Australian Information...more

Blog: New Mexico Poised to Add the ‘Data Breach Notification Act’ to the Patchwork of State-Level Data Privacy Laws

The New Mexico Legislature passed the ‘Data Breach Notification Act’ (the Act) on March 15. The Act is now with Governor Susana Martinez who has 20 days from the date the Act was passed to sign it into law. If enacted, the...more

New Mexico and its New Data Breach Notification Law

We are almost to a point where all 50 states and the District of Columbia will have some form of data breach notification law on their books to protect residents’ personally identifying information (PII) in the event of a...more

New Mexico Set to Become 48th State To Enact Data Breach and Safeguards Law

Last week, the New Mexico Legislature passed The Data Breach Notification Act (“Act”). Once the Act is signed by Governor Susana Martinez, New Mexico will join 47 other U.S. states (along with D.C., Guam, Puerto Rico, and the...more

And Then There Were Two – New Mexico Set to Become 48th State to Enact Data Breach Notification Law

While there is no federal law requiring companies to notify individuals of data breaches, South Dakota and Alabama will be the only states without data breach legislation if Gov. Susana Martinez signs New Mexico’s H.B. 15,...more

How the General Data Protection Regulation Will Apply to and Affect the UK

The GDPR will apply to the UK when it is effective on May 25, 2018, but the government will need to adopt domestic data privacy legislation upon the UK’s pending exit from the EU....more

New Mexico Passes Data Breach Notification and Protection Bill

Then there were two. On March 16, 2017, the New Mexico state legislature passed a bill requiring that New Mexico residents be notified if their “personal identifying information” was affected by a breach of electronic...more

New Mexico, One of the Last Holdouts, Sends Data Breach Notification Law to Governor

New Mexico is one of the few remaining states to not have a law requiring companies to notify consumers when their information is part of a data breach. This, however, might change very soon. Last Wednesday, the New Mexico...more

HIPAA Checkup – How Good Are Your Policies and Procedures?

Although it is not a new requirement, it is important and therefore worth a reminder: HIPAA requires covered entities to establish and implement written policies and procedures that are consistent with its Privacy and...more

Australia’s New Breach Notification Law Set to Take Effect February 2018

On February 13, 2017, the Australian Senate passed a bill establishing a mandatory requirement to notify the Privacy Commissioner and affected individuals of “eligible” data breaches. The Privacy Amendment (Notifiable Data...more

Australia Adopts New Data Breach Notification Legislation

On February 13, 2017 Australia became one more among nation states adopting data breach notification legislation. In recent House and Senate votes, the Australian Parliament amended the Privacy Act 1988, introducing mandatory...more

Data Breaches Will Cost Yahoo and Verizon Long After Sale

Five Things You (and Your M&A Diligence Team) Should Know - Recently it was announced that Verizon would pay $350 million less than it had been prepared to pay previously for Yahoo as a result of data breaches that...more

The February 2017 Update – The Mintz Matrix

During 2016, amendments to breach notification laws in five states went into effect (California, Nebraska, Oregon, Rhode Island and Tennessee). And by the end of last year, well over twenty states had introduced or were...more

Data Breach Notification In the EU: A Comparison of US and Soon-To-Be EU Law

In the United States Congress has repeatedly attempted, but failed, to agree on federal data breach notification legislation. As a result, there is no single federal statute that imposes a breach notification obligation on...more

EU General Data Protection Regulation (GDPR) - Overview of Key Points

A new data protection framework (the GDPR) has been adopted, significantly changing current EU laws. It will take the form of a Regulation and so will be directly applicable in all EU Member States from 25 May 2018. Once in...more

Use Data from the EU? It’s Time to Update Your Data Breach Notification Procedures

This post is the second in a three-part series. With the EU General Data Protection Regulation (GDPR) looming near for organizations that process the data of European citizens, compliance is top-of-mind for...more

TortSource: Ransomware: A Reportable Breach?

In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical data and systems for the purpose of...more

HIPAA Enforcement Update (October 2016 – January 2017)

Since October 2016, the Department of Health and Human Services, Office for Civil Rights (OCR) announced four settlement agreements to resolve allegations of Health Insurance Portability and Accountability Act (HIPAA)...more

Data Breach Notification Archive Made Publicly Available Online By Massachusetts Office Of Consumer Affairs

On January 3, 2017, the Massachusetts Office of Consumer Affairs and Business Regulation announced the online public availability of data breach notification records that it receives and maintains pursuant to the...more

Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more

HIPAA Small Breach Notification Due March 1: “In Like a Lion, Out Like a Lamb” if You Submit Timely

March 1, 2017 is the date by which HIPAA covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of “small” breaches of unsecured protected health information that were...more

"Privacy & Cybersecurity Update - January 2017"

In this edition of our Privacy & Cybersecurity Update, we discuss how the prospect of a new chair and three new commissioners at the FTC may impact the agency's approach to cybersecurity regulation, a new Massachusetts...more

HHS Reaches $2.2 Million Settlement With Life Insurance Company For Impermissible Disclosure Of ePHI

On January 18, the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS OCR”) announced that it had agreed to a $2.2 million settlement with MAPFRE Life Assurance Company of Puerto Rico (“MAPFRE Life”),...more

Heightened Importance for March 1, 2017 HIPAA Small Breach Reporting Deadline

With OCR’s recent announcement of its first enforcement action for lack of timely breach notification and its increased focus on small breaches, the upcoming annual reporting deadline for small breaches takes on increased...more

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Cybersecurity

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