Data Protection

News & Analysis as of

Finalized New York Department of Financial Services Cybersecurity Regulation to Take Effect March 1

On February 16, 2017, the New York Department of Financial Services (NYDFS) announced the release of its finalized Cybersecurity Requirements for Financial Services Companies (“Cybersecurity Regulation”), which will take...more

Orrick's Financial Industry Week In Review

Financial Industry Developments - New York Department of Financial Services Promulgates First-in-the-Nation State Cybersecurity Regulation - On February 16, 2017, the New York Department of Financial Institutions...more

Lessons Gleaned From Recent HIPAA Settlements: An Ounce of Prevention is Worth a Pound of Cure: How Recent OCR Enforcement...

HIPAA enforcement has been on the rise during the last several years, and the dollar impact of those settlements has continued to grow significantly. The Department of Health and Human Services, Office of Civil Rights (OCR)...more

Cyberattacker Offers Access to Private Data From 60 Universities and Agencies

In February 2017, a private threat intelligence firm alerted more than 60 organizations – institutions of higher education and governmental entities – that their internal databases had been breached by a Russian-speaking...more

Spanish Ministry of Justice Launches Public Consultation on GDPR

On February 7, 2017, the Spanish Ministry of Justice launched a public consultation as a preliminary step before the drafting of a new bill implementing the General Data Protection Regulation (“GDPR”). The press release...more

Report Lists Health Care Data Breaches by State

A new report issued by Safetica USA has organized data breaches affecting over 500 individuals that were self-reported to the Office for Civil Rights (OCR) in 2016 into a list by state and records exposed....more

French Legal and Regulatory Update

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

Chinese Government Releases Draft Rules to Implement Cyber Security Law

China's 2015 State Security Law, which substantively amended and supplemented its first version issued in 1993, lays down the foundations for cyber security review. The law provides that the state needs to build a network and...more

Eighth Circuit Undoes Target Data Breach Settlement Class

The $10 million settlement class in the Target data breach case was unraveled by the Eighth Circuit Court of Appeals in a recent decision that will force the district court to address the impact of the Supreme Court’s...more

David Horrigan of kCura: eDiscovery Trends

This is the second of the 2017 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at...more

China moves to implement security review of network products and services: but leaves foreign investor and manufacturer concerns...

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures”) for public comment: the Draft Measures remain open for comments until...more

On 13 February 2017 the Australian Government passed the Privacy Amendment (Notifiable Data Breaches) Bill 2017

The new requirements affect all APP entities i.e. any entity that is currently bound to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth), including Commonwealth Government Agencies and private...more

Artificial Intelligence: Transforming the Way We Create and Consume Content

Artificial intelligence (intelligence exhibited by machines; AI) is experiencing rapid growth, evident from last year’s record levels of investment in this industry. AI has also already taken centre stage this year by...more

The EU Winter Package Briefing Paper

Clean energy for all Europeans - On 30 November 2016 the Commission published its so-called ‘Winter Package’ of eight proposals to facilitate the transition to a ‘clean energy economy’ and to reform the design and...more

Expert Insights on Developing a Physical Security Program

In today’s digital age, security tends to be thought about in terms of firewalls, malware, encryption and other safeguards for electronic systems. But the security of those systems, as well as an organization’s facilities,...more

Good Advice for Everyone: Ten Steps to Avoid Big Trouble

On both a business and individual level, there are ten easy steps you can take now to avoid big trouble later. If you address just five of these items this month, you will be half way there. Originally published in the...more

Notable New State Privacy and Data Security Laws – Part One

States aren’t static when it comes to data privacy and security laws. This is Part One of a two-part series about several new state privacy and data security laws that took effect within the last year. In this article,...more

Will European Privacy in the United States be Trumped?

In recent weeks there has been significant debate among commentators about whether Europeans’ privacy is becoming less protected in the US and what that may mean for the privacy protection arrangements between the EU and the...more

Supreme Court Nominee Neil Gorsuch on Data Privacy

Last month, the President announced his nomination of Judge Neil M. Gorsuch—a federal appeals court judge—to the Supreme Court. Gorsuch must still go through Senate confirmation hearings before officially becoming the ninth...more

Russia Increases Fines for Violations of Data Protection Laws

On 7 February 2017, the Russian President signed into law a bill (link in Russian) introducing amendments to the Russian Code on Administrative Offences that increases the amount of the fines imposed for violating Russian...more

UK Reaffirms Commitment to GDPR while ICO Increases its International Focus

At the beginning of February, the Minister of State responsible for digital and culture policy, Matt Hancock, reaffirmed the UK’s commitment to implementing legislation mirroring the General Data Protection Regulation (GDPR),...more

HIPAA Enforcement Update (October 2016 – January 2017)

Since October 2016, the Department of Health and Human Services, Office for Civil Rights (OCR) announced four settlement agreements to resolve allegations of Health Insurance Portability and Accountability Act (HIPAA)...more

Ruling Vacating Target Consumer Class Settlement Highlights The Problem Of Standing In Data Breach Cases

When hackers steal consumer data, injury to consumers is not a foregone conclusion. This is particularly so where credit and debit card numbers are stolen. Banks, not consumers, bear the cost of fraudulent charges. ...more

Data Breach Notification Archive Made Publicly Available Online By Massachusetts Office Of Consumer Affairs

On January 3, 2017, the Massachusetts Office of Consumer Affairs and Business Regulation announced the online public availability of data breach notification records that it receives and maintains pursuant to the...more

Is breach mitigation the next wave of cybersecurity regulation?

More and more, regulators are focusing their rulemaking power not just on how a company responds (or doesn’t respond) to a data breach, but the steps it took far in advance to prevent or mitigate such a breach. Two...more

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