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Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more

Operator? I’d like to Report a Data Breach—The FCC’s Updated Data Breach Rule

After waiting 16 years for a call, the FCC is finally back on the line. Last month the FCC updated their 16-year-old data breach notification rule. The updated rule makes drastic changes to the previous FCC notification...more

NY Enhances Financial Cybersecurity Regulations

New York recently announced amendments to the State Department of Financial Services’ cybersecurity regulations. The changes further solidify the state’s already comprehensive cybersecurity regulatory regime. The amendments...more

SEC Gives Finality on Cybersecurity Disclosures for Public Companies

The SEC has now finalized its much anticipated rules for public companies’ cybersecurity disclosures. The final rules, published this month, require disclosure of certain cybersecurity incidents much sooner than under many...more

NY AI Laws Going Live Next Month

New York’s Local Law 144 of 2021 will finally go into effect on July 5, 2023, after several delays. As we previously discussed, the law requires employers to provide candidates for employment and promotion with notice about...more

New York AG Releases Guide for Business Data Security

New York Attorney General Letitia James recently published a guide to help companies in preparing their data security programs and responding to data security incidents. The security program recommendations are paired with...more

HHS Releases Cybersecurity Guide

The US Department of Health and Human Services recently updated its guide to help the private and public healthcare sectors develop cybersecurity protocols that address NIST’s Framework for Improving Critical Infrastructure...more

72 hours: The NCUA’s New Cyber Incident Reporting Requirement

Three days. Starting September 1, 2023, that is all federally insured credit unions will have to report cyber incidents. The rule, approved on February 16, 2023, broadly defines cyber incident to include any incident that...more

Lessons From New York AG Scrutiny of Breach Investigation and Response

New York’s Attorney General Letitia James recently secured a $1.9 million settlement from online retailer Zoetop Business Company, Ltd. to settle allegations that Zoetop had improperly handled a 2018 data breach and...more

New York City Set To Regulate Employment Decisions Made By AI

Beginning January 1, 2023, New York City will restrict employers from using artificial intelligence to make employment decisions unless they follow certain guidelines. The local law applies to employment decisions made...more

Keeping Both Eyes on Cybersecurity

The New York State Attorney General’s finding that EyeMed Vision Care LLC had failed to protect customer data in violation of the NY SHIELD Act provides insights for companies on how to protect information. New York’s SHIELD...more

NYAG Issues Credential Stuffing Guidance

The New York AG recently issued information about steps companies can take to protect against credential stuffing attacks, and how to handle them if they occur. The guidance makes up a majority of a larger AG report on...more

Baltimore Blows By Brother Burghs with Big Biometrics Ban

Baltimore recently prohibited several uses of “face surveillance” technology. Under the new law companies cannot use systems that identify or verify individuals based on their face. The law also prohibits saving information...more

FTC Signals Focus on Healthcare and Technology Platforms, Among Others

The FTC recently voted to authorize the use of compulsory processes—the FTC’s primary investigatory tools—on what it calls “key law enforcement priorities.” The resolutions allow investigators to take actions like issuing...more

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