Breach Notification Rule Data Breach

News & Analysis as of

April Brings Amendments to Washington and North Dakota Breach Notification Requirements

April saw amendments to Washington State's and North Dakota's breach notification statutes. In a prior Orrick Alert, we discussed some of the implications from the proposed data breach notification amendments in...more

Nevada Broadens Definition of Personal Information for Purpose of Encryption and Breach Notices

On May 13, Nevada passed a new law (A.B. 179) expanding the definition of “personal information” to include a natural person’s first name or initial and last name in combination with: 1) medical and health insurance...more

North Dakota Focused on Privacy and Information Security; AG Wants to Know if You’ve Been Breached

Come August 1, North Dakota’s Attorney General will expect to hear from you if your company suffers a breach of computerized data affecting more than 250 persons. On April 13 North Dakota Governor Jack Dalrymple signed S....more

Nevada Expands Definition of PI for Purposes of the State’s Breach and Safeguards Laws

Nevada’s recently amended law will, among other things, create the first state mandate to encrypt online account credentials. Specifically, on May 13, 2015, Nevada Governor Sandoval approved a bill (“AB 179”) to expand the...more

State AGs’ Interest in Privacy and Cybersecurity – No End in Sight – REDUX (or, if you prefer, we told you so…)

Reed Smith has been closely following the interest and activities of State AGs in the areas of privacy and cybersecurity, and recently blogged on a major NAAG (National Association of Attorneys General) conference in April on...more

New Washington State Data Breach Amendments Mandate Notice to Consumers Within 45 Days of Breach

On April 23, Gov. Jay Inslee signed amendments to Washington state’s data breach notification law. The amendments strengthen protections to consumers and mandate a new time frame and reporting requirements for alerting...more

Advertising Law - May 2015 #2

Data Breach Notification, Cyber Sharing Bills Move Forward - As multiple privacy and data security bills wend their way through the legislative process, three proposals have made significant steps forward. ...more

Senator Leahy Introduces Data Privacy And Notification Law With Limited Preemption of State Law

On April 30, 2015, Senator Patrick Leahy (D-VT) introduced new data breach legislation. The proposed law would require companies to meet certain consumer privacy and data protection standards and to notify individuals within...more

HIPAA Rules and Procedures in the Event of a Data Breach, Part One

As discussed in my prior post, recent massive data breaches at major retailers and health insurance providers paint a bleak picture of modern data and emphasize the importance of strong security safeguards and plans for...more

Washington State Amends Breach Notification Law to Expand Notification Requirements

On April 23, 2015, Washington State Governor Jay Inslee signed into law a bill strengthening the state’s data breach notification law (amending Wash. Rev. Code §§ 19.255.010 and 42.56.590 and creating a new section). H.B....more

Washington State Significantly Expands Data Breach Notification Requirements

Washington State Governor Jay Inslee signed legislation making Washington among the five US states with the most rigorous data breach notification laws enacted to date. Washington joins Florida, Ohio, Vermont, and Wisconsin...more

Montana and Wyoming Expand Data Breach Notice Requirements

Companies that electronically store personal information about residents of Montana and Wyoming must now take note of additional notice requirements following data breach incidents. With the ever-increasing number of such...more

The Arizona Data Breach Law

Almost all U.S states have laws about data security and what to do when there’s a data breach. Here is what’s in the Arizona law. Who The Law Applies To. The law applies to anyone who conducts business in Arizona and...more

Washington Amends its State Data Breach Notification Law

On April 13, the Washington State Senate unanimously passed an amendment to the state’s data breach notification law. The amendment, which was requested by Washington Attorney General Bob Ferguson, and which we discussed in...more

Update on State Breach Notification Laws

In the first few months of 2015, a number of states have introduced data breach notification bills and proposed legislative amendments designed to enhance consumer protection in response to increasingly high profile data...more

Health Plan Lawsuits and Data Breach Claims: Recent Developments and Implications

Five class action lawsuits have been filed against Premera Blue Cross in federal court in Seattle, Washington following the recent report of a data breach that affected approximately 11 million individuals. The lawsuits make...more

Montana And Wyoming Revise Data Breach Notification Laws

The states of Montana and Wyoming recently updated their data breach notification statutes. The revisions include updates to the states’ definitions of personal information subject to breach notification provisions, among...more

Wyoming Broadens Data Breach Notification Law

Wyoming recently joined the list of states passing laws that broaden the scope of their data breach notification laws. On March 2, 2015, Wyoming signed into law two bills (S.F. 35 and S.F. 36) that expand the definition of...more

Blog: Class Action Following Health Information Data Breach

As we discussed in our previous post, Premera Blue Cross (Premera) recently revealed that it suffered a massive data breach potentially exposing the personal data of 11 million customers. ...more

State Legislatures React To Latest Health Data Breaches By Updating State Data Breach Notification Laws And Encryption...

Recent, large-scale breaches of health information have served to highlight the fact that federal agencies have only rarely assessed penalties against companies as a result of these breaches, while many states do not have...more

Premera Cyber-Attack Announced: Defining Your Obligations as an Employer

On March 17, 2015, Premera announced a data breach involving the personal information of more than 11 million individuals resulting from what it characterized as a sophisticated, targeted cyber-attack. Employers and plan...more

Montana Tweaks Data Breach Statute

The Big Sky Country’s data breach statute is going to see some small changes come October. On Feb. 27, 2015 Montana Governor Steve Bullock signed H.B. 74 into law, amending the state’s data breach notification statute. Among...more

White House Introduces Discussion Draft of Consumer Privacy Bill of Rights

Although most states have enacted some form of data privacy and breach notification laws, and certain federal statutory schemes cover specific industry sectors, there are no privacy protections for all personal data. Given...more

Reps. Burgess, Blackburn and Welch Release Data Breach Bill

On Thursday, March 12, 2015, House Energy & Commerce Subcommittee on Commerce, Manufacturing, and Trade Chairman Michael Burgess (R-TX), along with Reps. Marsha Blackburn (R-TN) and Peter Welch (D-VT), released draft text of...more

State Data Breach Notification Law Updates

State legislatures are not waiting for Congressional action on a national data breach notification standard. Montana — Montana has amended its 10-year old breach notification law (see Mintz Matrix) to expand the...more

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