Breach Notification Rule Data Breach

News & Analysis as of

Privacy vs. Data Security: Why Plaintiffs in Consumer Data Breach Cases Still Have a Long Way to Go

The year 2005 really marked the beginning of the “era of data breaches,” and with it, the “era of data breach lawsuits.” The ChoicePoint data breach in late 2004, which first became newsworthy in early 2005, was the catalyst....more

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance (updated for 2016)

The chart blow constitutes a summary of the laws of various jurisdictions that govern data breach notifications. Please see full Publication below for more information. ...more

New Cybersecurity Law – Are You Prepared?

On December 18, 2015, President Obama signed into law the Cybersecurity Act of 2015. Beginning at Division N, Public Law 114-113 deals with cyber threats and includes the means and methods by which the private sector may...more

Legal Trends: Cybersecurity

New privacy torts have recently emerged in certain Canadian jurisdictions, including intrusion upon seclusion and publicity given to private life. Intrusion upon seclusion allows a plaintiff to sue if (1) a person has...more

A Primer on the GDPR: What You Need to Know

Now that it’s been approved by the EU Parliament’s Civil Liberties Committee, Europe’s General Data Protection Regulation (the “GDPR” or the “Regulation”) is well on its way to replacing the 20-year-old Data Protection...more

Gavel to Gavel: Data Breaches

While every business owner should understand the importance of protecting the personal information of customers and employees, the legal obligations resulting from a data breach may not always be clear. Originally...more

EU Cyber Security Directive (CSD) Introduces Cross Sector Data Breach Notification

The European Parliament, the Council and the Commission have agreed on the first EU-wide legislation on cybersecurity. Under the new measure, internet companies such as Google, Amazon, eBay and Cisco, but not social...more

Australia’s Proposed Data Breach Notification Law: What’s The Harm In A “Real Risk of Serious Harm” Standard?

Last week, the government of Australia released an “Exposure Draft” of a bill that, if passed into law, would amend Australia’s Privacy Act to require notification to the government and affected individuals in the event of a...more

Alert: California and the EU’s Changing Privacy Laws

Privacy law has traditionally focused on an individual’s right to privacy vis-à-vis a government’s physical intrusion. Privacy law, however, has morphed in recent years to address concerns of the digital age, including data...more

California Amends Breach Notification Law: Unique New Refinements and Requirements

The California legislature has again amended the state’s breach notification statutes to impose new and unique requirements and refinements, adding further complexity to the patchwork of breach notification requirements....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

Recent Amendments to Security Breach Notification Laws Further Complicate Breach Notification for Employers

It is not a matter of "if" but "when" an employer will be required to notify employees of a security breach.  Forty-seven states require employers to notify employees when defined categories of personal information, including...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

HHS’ Selection of Contractor Provides Latest Update on Impending Second Round of HIPAA Audits

On October 27, 2015, a U.S. Department of Health and Human Services (“HHS”) official stated that the agency has hired FCi Federal, a provider of management and professional services to government agencies in Ashburn, VA, to...more

California Expands Data Breach Notification Requirements

On October 6, 2015, California Governor Jerry Brown signed into law three bills, A.B. 964, S.B. 570, and S.B. 34, expanding the requirements of California’s data breach notification law. The new requirements will become...more

Employee Health Information: Separate and Secure

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

California Updates Data Breach Notification Statute

Three bills that will update California’s data breach notification requirements have been signed into law by Governor Jerry Brown. The bills impose specific requirements on providing breach notification to consumers, add a...more

California Beefs Up Encryption & Notice in Data Breach Law

On October 8, 2015, California Governor Jerry Brown signed A.B. 964 and S.B. 570 into law, a pair of bills that amended the Golden State’s data breach notification statute (Ca. Civ. Code § 1798.82). The amendments...more

The FTC’s Broad Authority and FTC v. Wyndham: Thinking about the Future of Data Privacy Regulations

What makes data privacy law interesting for academics, challenging for lawyers, and frustrating for businesses its shape-shifting structure in the face of rapidly changing technology. The recent change in the invalidation of...more

California Enacts Three Bills Amending Breach Notification Statute

Last week, California Governor Jerry Brown signed into law three bills that revise California’s data breach notification statute. The bills, which take effect January 1, 2016, establish specific formatting requirements for...more

California Updates its Data Breach Notice Statute (Again)—What You Need to Know

On October 6, California Governor Jerry Brown signed legislation updating California’s data breach notice statute for the third time in three years.  The news was quickly overshadowed by the CJEU’s decision invalidating the...more

California Governor Signs Law Amending Civil Code Privacy Provisions

On October 6, Governor Jerry Brown (D-CA) signed into law AB 964/Chapter 522, which, among other things, defines “encrypted” as it pertains to data breach notification requirements for business and public agencies....more

California Amends Its Breach Notification Statute

For the third time in as many years, California has once again amended its breach notification statute. This time it expanded the definition of “personal information,” clarified the term “encryption,” and mandated additional...more

California Updates Data Breach Notification Statute; Provides Model Notification Form

On October 6, California Governor Jerry Brown signed into law two different updates to California’s data breach notification statute. Both updates will become effective on January 1, 2016....more

California Amends Definition of Personal Identifiable Information and Breach Notification Content Requirements

On October 6, 2015, California Governor Jerry Brown signed into law several changes to California’s Data Breach Notification Statute. The law, as amended, adds additional categories of information into the definition of...more

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