Data Breach Notice Requirements

News & Analysis as of

Tough New EU-Wide Cybersecurity Rules in Prospect: The Network and Information Security Directive

Two-thirds of large UK companies have come under cyber attack in the past year, according to the UK Government, and a quarter have been attacked at least once a month. But only half have taken any recommended actions to...more

The Network and Information Security Directive: Serious Cyber Attacks Will Require Notification

The Council of the European Union adopted the EU Network and Information Security (NIS) Directive (the ‘Directive’) 17 May, ready for final adoption by the European Parliament. The Directive, initially proposed in 2013, has...more

Privacy & Cybersecurity Update - April 2016

In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more

FCC Proposes Indiscriminate PII Definition in Privacy NPRM

In addition to a bothersome “breach” definition, the Federal Communications Commission (“FCC”), in its April 1, 2016 Notice of Proposed Rulemaking (“NPRM”) concerning ISP privacy regulation, proposes a sweeping definition of...more

The EU General Data Protection Regulation – Europe Adopts Single Set of Privacy Rules

On December 15, 2015, following four years of close, sometimes contentious, review, the EU institutions agreed upon the text of the General Data Protection Regulation (the “GDPR”). One of the most important EU legislative...more

California Updates Data Security Laws

Why it matters - The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by Governor Jerry Brown. Specifically, Senate...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

More Data Vulnerabilities, Cyber Breaches Detected in Healthcare Exchanges

Government audits continue to reveal that millions of people’s personally identifiable information is at risk. Continuous audit reports by the Office of the Inspector General (OIG) of The Department of Health and Human...more

Response Plan Rewind: The Essentials of Data Breach Response Plans

From the financial sector to the healthcare industry, and even the security business itself, hackers are creeping their way into business data systems and pilfering personal information. For financial institutions, security...more

California Amends Data Breach Notification Statute by Requiring Specific Notification Content and Expanding the Definition of...

California’s Data Breach Notification Statute was amended on October 6, 2015, by Governor Jerry Brown. The amendment, which takes effect on January 1, 2016, makes important changes to the existing law, including new...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

Huge fine of nearly U.S. $2 million levied on Mexican bank after data breach

In early September, Mexico’s data protection authority, the National Transparency, Information Access and Data Protection Institute (INAI), issued a fine of 32 million pesos (U.S. $1.95 million) to Mexican bank Grupo...more

Illinois Governor Vetoes Expansion of Breach Notice Requirements

A recent attempt by the Illinois legislature to significantly expand the scope of the Illinois data breach notification legislation was vetoed by Governor Rauner. As passed by the General Assembly, Illinois Senate Bill 1833...more

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Nevada, Washington and North Dakota Expand Data Breach Definition and Notice Requirements

Continuing the trend of states expanding their data privacy laws, companies that store and transmit personal information about residents of Nevada, Washington and North Dakota must now take note of additional data-element...more

Cybersecurity is once again a hot topic as Illinois undergoes PIPA update

Cybersecurity is a hot topic at both the state and federal level. Specifically, Illinois is in the process of amending its Personal Information Protection Act (“PIPA”). Illinois SB 1833 will amend PIPA by establishing more...more

Connecticut Requires Free Credit Monitoring for Certain Breaches

For nearly a decade, the Connecticut Attorney General (“AG”) has requested or encouraged companies to provide at least two years of free credit monitoring to Connecticut residents following breaches involving information...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

American Bankers Association Asks FCC for Exemption From TCPA Liability

Why it matters - Seeking an exemption from Telephone Consumer Protection Act (TCPA) liability, the American Bankers Association (ABA) filed a petition with the Federal Communications Commission (FCC) to allow financial...more

Third Quarter 2014: States Expanding Data Breach Notification Requirements

California, Florida, Kentucky, and Iowa have changed their security breach notification requirements in the past few months: California passed legislation effective January 1, 2015, that for the first time, addresses...more

California Passes New Law Protecting Consumers From Data Breaches

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1710, authored by Assembly Members Roger Dickinson (D-Sacramento) and Bob Wieckowski (D-Fremont). AB 1710 enhances consumer protections by strengthening the...more

California's Privacy Laws on the Move

The State of California, long the most proactive U.S. state in enacting data privacy laws, has again modified its breach notification and data protection laws. This week, Governor Jerry Brown signed two privacy bills into...more

California Passes New Data Breach Laws: Requirement to Offer Identity Theft Protection at No Cost, New Duties Imposed on...

California added new provisions to its data breach law on October 1 by signing Bill AB 1710 into law. The amendment to California’s Civil Code (1) requires entities that experience a data breach to provide identity theft...more

Massive Data Breach Affects 4.5 Million Patients in 29 States

Community Health Systems, Inc. (the “Company”), one of the largest hospital organizations in the country, announced via a public filing (Form 8K) made yesterday with the Securities and Exchange Commission (“Report”) that the...more

Russian Cyberattack May Trigger State Security Laws And Notification Obligations

Now that entities are aware that at least 1.2 billion records have been compromised from websites spanning across all industries, a question arises whether entities have an obligation to investigate whether their websites...more

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