Breach Notification Rule

News & Analysis as of

Proposed Data Breach Legislation Announced

President Obama’s new proposed Personal Data Notification and Protection Act provides a national standard for companies responding to security breaches....more

President Calls on Congress to Pass Cybersecurity, Data Breach Bills; Congress Begins Action on the Issue

In his sixth State of the Union Address to Congress, President Obama again called on Congress to strengthen the nation’s cybersecurity laws and enact a federal standard for data security and breach notification. Speaking...more

White House Proposes Expansive Data Breach Notification Bill

Last week, President Obama proposed wide-reaching legislation to establish a uniform, nationwide standard for data breach notifications that envisions a significant enforcement role for the Consumer Financial Protection...more

Cybersecurity: The Obama Administration Proposes Legislation - Proposals Would Standardize Breach Notification Requirements,...

On January 13, 2015, in response to the continuing onslaught of cyber attacks, including the recent cybersecurity attack and data loss at Sony Pictures Entertainment, the Obama Administration sent to Congress three...more

Dear Lawmakers, Your New Breach Notice Laws Should Address These Issues

The days of companies being so afraid of the reputational impact of a breach that they would look for any way possible to avoid disclosure are gone. The pendulum has swung in the opposite direction. Now companies, often in...more

New York Attorney General Proposes Stiffer Data Security and Breach Notification Laws

New York State Attorney General Eric Schneiderman has proposed legislation that would make the state’s data security law the strongest in the country and require “unprecedented safeguards” for personal data....more

Obama Administration Announces Cybersecurity and Privacy Initiatives

On Monday, January 12, 2015, President Obama appeared at the Federal Trade Commission to announce the administration’s blitz of cyber security and privacy legislative and public policy initiatives, which will be discussed in...more

New York Attorney General Announces Proposal to Revamp State Data Security Laws

On January 15, 2015, New York Attorney General Eric Schneiderman indicated that he plans to propose legislation to update New York’s information security laws, including by revising the definition of “private information”...more

Proposed Federal Breach Notification Law: Panacea Or Flash in the Pan?

The Obama Administration has just released the proposed text of the Personal Data Notification & Protection Act as the latest step in its uniform federal breach notification initiative. Similar legislative efforts in the past...more

The President’s Cybersecurity Proposals

In the wake of recent cyber attacks on U.S. companies, including the now famous Sony hack, President Obama has proposed new federal legislation that would presumably provide more security for confidential and private...more

4 Things You Must Know About the New York Attorney General’s New Data Security Proposal

Fast on the heels of President Obama’s proposal to create a national data breach notification standard, yesterday, New York Attorney General, Eric Schneiderman announced that he will propose legislation that would...more

President Obama’s Security Breach Notification Bill Needs Work

The White House recently released The Personal Data Notification & Protection Act as part of an extensive proposal to safeguard data and improve cyber security. The proposal was released in a preview of the State of the Union...more

Looking Ahead in 2015: Obama Announces Push for Privacy Legislation in Final Term

President Obama provided a preview of his State of the Union address next week which will propose comprehensive data privacy legislation, including a nationwide data-breach notification law, a Consumer Privacy Bill of Rights,...more

White House Proposes National Data Breach Notification Standard

This has been a big week for cybersecurity announcements from Washington. In what the White House has called a series of “SOTU Spoilers,” President Obama announced his intention to follow through on some of the...more

President Obama Proposes Legislation Requiring Businesses to Notify Customers of Data Security Breaches Within 30 Days

In a speech given before the Federal Trade Commission (FTC) on Monday, January 12, President Obama proposed federal legislation that would impose a nationwide standard on companies that experience a data security breach. The...more

State Data Breach Notification Laws

The general definition of “personal information” or “PI” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of following data elements: (i) Social Security number,...more

Privacy Monday – January 12, 2015

Three privacy/security stories that you should know as you start your week: President Obama to Offer Cybersecurity/Privacy Previews to State of the Union Proposals - In a series of speeches this week, President...more

Indiana Joins States' Trend Toward Tougher Privacy and Data Protection

On December 22, 2014, Indiana became the latest state to propose legislation that will provide greater safeguards for personal and financial information online. The move in Indiana follows similar moves in California, New...more

Data Breach Plaintiffs Survive Dismissal Against Target

Target’s 2013 data breach has generated over 100 consumer lawsuits, which were consolidated last year before the U.S. District Court for the District of Minnesota. On December 18, 2014, Judge Paul A. Magnuson issued a...more

California Data Breaches Require Identity Protection Services

California has long set the standard for protection of its residents’ personal information. California’s constitution explicitly recognizes a right to individual privacy and California’s legislature has been on the forefront...more

Protecting A Family’s Most Valuable Asset – Privacy

Each day, family offices receive, relay, and manage a family’s private information. Depending on the family and the role of the family office, the information managed can be voluminous and include financial information, tax...more

Happy New Year! 2015 Brings More Reasonable Breach Notification Reporting Periods for CA Health Care Providers

In 2008 California put into effect breach reporting laws applicable to certain licensed health care providers Healthcare Entities that are more stringent than HIPAA - so stringent that Healthcare Entities have been required...more

New California Privacy Laws

California continues to lead the way in passing new or updating existing data protection legislation. The weekly disclosure of new data breaches that involve retail and other corporations has focused the general public...more

On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

FCC Accepting Comments on ABA Petition to Exempt Data Breach Notification Requirements from the TCPA

On November 6, 2014, the Federal Communications Commission (“FCC”) issued a Public Notice requesting comments on a petition by the American Bankers Association (“ABA”) to exempt informational calls and texts to mobile devices...more

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