News & Analysis as of

National Institute of Standards and Technology Safe Harbors

Robinson+Cole Data Privacy + Security Insider

FTC Ruling on Proposed Facial Recognition Safe Harbor under COPPA

The Federal Trade Commission (FTC) has declined to approve a new method for obtaining parental consent under the Children’s Online Privacy Protection Act (COPPA) that would involve analyzing facial geometry to verify an...more

Bradley Arant Boult Cummings LLP

Florida Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs

A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more

King & Spalding

Department of Health and Human Services Seeks Input on HIPAA “Safe Harbor”

King & Spalding on

On April 6, 2022, the Department of Health and Human Services Office for Civil Rights (OCR) issued a Request for Information (RFI) to solicit public comments on the implementation of the “safe harbor” under the Health...more

Hogan Lovells

Hold the punitive damages: Connecticut is latest to incentivize implementing cybersecurity frameworks

Hogan Lovells on

Connecticut’s new cybersecurity standards law, which goes into effect on October 1, 2021, protects companies from punitive damages in certain data breach actions where an organization has a cybersecurity program that conforms...more

Ankura

New Proposed Laws include Safe Harbor when Aligned with NIST Privacy Framework

Ankura on

A new trend in privacy and cybersecurity laws is the introduction of safe harbor clauses for aligning data protection controls to recognized data privacy and cybersecurity frameworks. OHIO HB376: In July 2021, Ohio...more

Sheppard Mullin Richter & Hampton LLP

Connecticut Enacts New Cybersecurity Safe Harbor

Connecticut recently enacted cybersecurity legislation that provides a safe harbor for businesses that implement a written cybersecurity program. Under the legislation, set to go in effect on October 1, 2021, punitive damages...more

Jackson Lewis P.C.

Connecticut Enacts Safe Harbor From Punitive Damages In Data Breach Cases

Jackson Lewis P.C. on

Effective October 1, 2021, Connecticut becomes the third state with a data breach litigation “safe harbor” law (Public Act No. 21-119), joining Utah and Ohio. In short, the Connecticut law prohibits courts in the state from...more

Lowenstein Sandler LLP

States’ Safe Harbor Defense For Data Security Breaches Signals Possible Trend

Lowenstein Sandler LLP on

We are now seeing a potential trend where states are incentivizing companies through the creation of safe harbors to improve their cybersecurity posture, instead of penalizing them after a breach of personal information. Utah...more

McGuireWoods LLP

New Cybersecurity Law Offers Safe Harbor Against Tort Claims

McGuireWoods LLP on

On November, 2, 2018, Ohio’s recently passed Data Protection Act (Act) officially became law. The Act provides a possible affirmative defense to businesses in lawsuits where the plaintiff alleges a tort based on a business’...more

Womble Bond Dickinson

Ohio Enacts First Cybersecurity Safe Harbor

Womble Bond Dickinson on

Tacking an entirely new direction from other US states, Ohio has decided to offer defensive legal protection to businesses who have built a cybersecurity regime around well-known industry standards, even where those...more

Sheppard Mullin Richter & Hampton LLP

Ohio Gives Breach Safe Harbor for Companies with Written Data Security Program

Effective November 2, 2018, companies that suffer a breach may have certain defenses in Ohio if they have a written cybersecurity program in place. Under this new law, companies can use as an affirmative defense the existence...more

BakerHostetler

Ohio Law Offers Safe Harbor to Companies Meeting Cyber Standards

BakerHostetler on

Ohio will soon have a law in place that provides a “legal safe harbor” from tort claims related to a data breach, to entities that have implemented and comply with certain cybersecurity frameworks. It remains to be seen...more

Benesch

Ohio Proposes Act to Incentivize Consumer Data Security

Benesch on

Legislation was recently introduced in Ohio encouraging businesses to take steps in protecting consumer data. Ohio Senate Bill 220, The Data Protection Act (the “Act”), provides businesses that take certain commercially...more

Burr & Forman

Two End-of-Year Federal Government Deadlines Approaching

Burr & Forman on

Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

BCLP

At A Glance: De-Identification, Anonymization, and Pseudonymization

BCLP on

De-identification of data refers to the process used to prevent personal identifiers from being connected with information. The FTC indicated in its 2012 report Protecting Consumer Privacy in an Era of Rapid Change:...more

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