News & Analysis as of

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

Cybersecurity Policy in the Lame Duck and Beyond

There are two categories of cybersecurity legislation awaiting Congressional consideration during the lame duck. First, there are a number of non-controversial, narrowly focused bills that are likely to be adopted as part of...more

FCC Proposes $10M Privacy Breach Fine Against Two Telecommunications Companies

On October 24, 2014, the Federal Communications Commission (“FCC”) announced that it intends to fine two telecommunications companies $10 million for storing confidential personal information of up to 305,000 customers in a...more

Data Breaches: Industry Calls for Single, Federal Breach Notification Standard

Yesterday, a coalition of 44 service and retail industry trade associations sent a letter to congressional leadership, urging the House and Senate to adopt a single data breach notification standard at the federal level. The...more

Is Your Business Too Small To Worry About A Data Breach?

No, not likely. In fact, even “mom and pop stores” have incurred hefty civil penalties for failing to notify consumers and/or regulators of a data breach....more

New California Privacy Law AB 1710: Data Security Requirements Just Got Broader

California has been a pioneer in enacting legislation designed to protect privacy. AB 1710, which was signed into law on September 30, 2014 by Governor Brown, is the latest example. It extends liability to businesses that...more

Advertising Law - October 2014 #2

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - Advertising, marketing and promotions, both via digital and traditional channels, are governed in the United...more

Federal Bills Pursue Comprehensive Data Breach Notification

The recent string of wide-scale data breach disclosures by major retailers has led to a growing call for federal legislation to protect consumer information and establish uniform data breach notification...more

Good News: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics,...more

Quirky Question #243 – More on Breach Notification Laws

Quirky Question: Can you tell me what has been happening in California regarding breach notification laws? Answer: Continuing the trend of changes in state breach notification and related laws, Cal. A.B....more

Breaking Old Ground: California Again Amends Breach Law

Not to be outdone by Florida, California has yet again amended its breach law and again in groundbreaking (yet confusing) fashion. On September 30, 2014, California Governor Brown signed into law a bill (“AB 1710”) that...more

California Updates State Breach Notification Law, Expands Security Procedures to Entities that “Maintain” Personal Information

On September 30, 2014, California took further steps to protect the personal information of its residents by amending several sections of its breach notification and information security laws (Cal. Civ. Code §§ 1798.81.5,...more

California Extends Deadline for Reporting Breaches to the CDPH from 5 to 15 Business Days

On September 18, 2014, California Governor, Jerry Brown, signed Assembly Bill 1755 (“AB1755”) into law, amending breach notification provisions in the California Health and Safety Code applicable to licensed clinics, health...more

California Data Breaches Require Identity Protection Services (and More)

On September 30, 2014, Gov. Edmund G. Brown signed AB 1710 into law, amending existing law to impose even stricter regulation on businesses with access to personal information about California residents. California has long...more

California Privacy Laws Change: Identity Theft Prevention and Mitigation Services

Continuing the trend of changes in state breach notification and related laws, Cal. A.B. 1710 amends California's breach notification, security procedures, and Social Security number (SSN) laws in the wake of significant data...more

IP|Trend: Dust up After the Breach [Video]

Data breaches have accelerated rapidly in the past several years, and after a breach litigation is sure to follow. Attorney Sam Walling sits down with Seth Northrop to discuss the types of claims that a company that...more

California’s Latest Amendments to Its Data Security Breach Notification Law – Much Ado about Nothing?

On September 30, 2014, California Governor, Jerry Brown, signed Assembly Bill 1710 into law, amending California’s existing personal information privacy laws. A.B. 1710 makes several changes to existing laws including...more

New California Data Breach Requirements Signed into Law

On September 30, 2014, California Governor Jerry Brown signed into law an expansion of current California data breach laws. The bill, AB 1710, which was introduced in the wake of several high-profile data breaches, builds on...more

California Enacts New Data Protection, Notification and Remedy Law

On Tuesday, California Governor Jerry Brown signed into law a new data protection bill, which comes amid revelations of additional high-profile data breaches at Supervalu and Albertson’s grocery stores. ...more

WEBINAR: Breach, Enforcement and Beyond: HIPAA Breach Notification Analysis and OCR Enforcement Activities

The Office for Civil Rights of the US Department of Health and Human Services revised the breach notification regulations last year in order to make the analysis of whether a breach occurred more objective. In addition, OCR...more

The Trend of Stricter State Data Breach Laws Continues with Florida

Florida’s new Florida Information Protection Act, Fl. Stat. § 501.171, became effective July 1, 2014. The new law repeals and replaces Florida’s existing data breach notification requirements (Fl. Stat. § 817.5681) with more...more

September 22, 2014: Quickly approaching deadline to amend business associate agreements

The HIPAA Omnibus Rule, enacted last year, made a number of changes to the HIPAA privacy, security and breach notification rules. Some of these changes affected business associate provisions of the HIPAA privacy and security...more

Amendments to California’s security breach notification bill head to governor: key action points for businesses

In what has become almost an annual ritual, California is poised to tweak its security breach notice law. Last year, in language DLA Piper lawyers helped to draft on behalf of the State Privacy & Security Coalition, the...more

Quirky Question #240, Breach Notification Laws

Question: Our company has employees and operations in multiple states, and I’m concerned about complying with data breach laws in the various locales. What’s the status of the law on data break...more

Changes in State Breach Notification Laws

As data breaches continue to occur, breach notification laws are being amended or enacted. In the United States, state and federal breach notification laws should be monitored carefully regarding changes, as should breach...more

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