On August 1, 2024, New York Attorney General (“AG”) Letitia James issued two advanced notices of proposed rulemaking (“ANPRs”) for the Stop Addictive Feeds Exploitation (SAFE) for Kids Act (the “SAFE Act”) and the Child Data...more
For years, the Gramm-Leach-Bliley Act (GLBA) has required financial institutions to maintain reasonable safeguards for consumer data, but has only had limited breach-reporting requirements. To the extent financial...more
6/13/2024
/ Breach Notification Rule ,
Customer Information ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Gramm-Leach-Blilely Act ,
Popular ,
Reporting Requirements
On August 8, 2023, the National Institute of Standards and Technology (NIST) released the initial draft of its Cybersecurity Framework 2.0 and draft Implementation Examples for public comment. This marks the first significant...more
Publications and Advisories - April 5, 2023 – Kate Hanniford and Elinor Hiller published “Healthy Byte: White House and HHS Both Update Their Cybersecurity Guidance.”...more
Publications and Advisories - February 10, 2023 – Kathleen Benway, David Keating, and Sara Pullen Guercio published “Privacy, Cyber & Data Strategy / Consumer Protection/FTC Advisory: Limit Your Health Data Sharing and Call...more
2/15/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Personal Information ,
Popular ,
State Privacy Laws
Selected U.S. Privacy and Cyber Updates - California Privacy Protection Agency Issues Notice of Modifications to Proposed CPRA Regulations - On November 3, 2022, the California Privacy Protection Agency (CPPA) issued a notice...more
On August 22, 2022, the Federal Trade Commission (FTC) published its advance notice of proposed rulemaking (ANPR) to request public comment on commercial surveillance and data security practices. The ANPR comes at the same...more
Selected Developments in U.S. Law - U.S. Department of Commerce Announces the Establishment of a Global CBPR Forum On April 21, 2022, Canada, Japan, South Korea, the Philippines, Singapore, Taiwan, and the United States...more
5/11/2022
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Assets ,
Fraud ,
Personal Information ,
Popular ,
Privacy Laws ,
Ransomware
Selected Developments in U.S. Law - SEC Proposed Rule Will Require Private Funds to Report Certain Cyber Events On January 26, 2022, the U.S. Securities and Exchange Commission (SEC) proposed new rules to enhance hedge fund...more
2/9/2022
/ China ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Data Subject Access Requests ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Malware ,
Multi-Factor Authentication ,
NYDFS ,
Personal Data ,
Popular ,
Ransomware ,
Reporting Requirements ,
Russia ,
Ukraine
On July 7, Colorado became the third state behind California and Virginia to adopt a comprehensive privacy law when Governor Jared Polis signed the Colorado Privacy Act into law. The CPA contains many similarities to the...more
Selected Developments in U.S. Law - NYDFS Issues Report on the SolarWinds Attack and Covered Entities’ Responses Following the SolarWinds cyber espionage attack and the resulting focus on supply chain risk, the New York...more
5/14/2021
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
FBI ,
NYDFS ,
Phishing Scams ,
Popular ,
Ransomware ,
Safe Harbors ,
Settlement ,
SolarWinds ,
Supply Chain
Selected Developments in U.S. Law - Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services As the Biden Administration begins detailing its regulatory and...more
2/18/2021
/ Attorney-Client Privilege ,
Biden Administration ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Ransomware ,
Reporting Requirements ,
Risk Management ,
State Privacy Laws ,
Work-Product Doctrine
Both houses of Virginia’s legislature recently passed the Virginia Consumer Data Protection Act (S.B. 1392; H.B. 2307) (the “VCDPA”). If approved by the state governor, the VCDPA would become the United States’ second...more
Brazil’s General Data Protection Law (the “LGPD”), a law similar to the European Union’s General Data Protection Regulation (the “GDPR”) is now effective. On April 29 of this year, Brazil’s President issued Provisional...more
On Tuesday, July 21, 2020, the New York Department of Financial Services (the “NYDFS”) brought its first enforcement action under its Cybersecurity Regulation (the “Regulation”) against a large title insurer (the “Company”)...more
Selected Developments in U.S. Law - Japan’s Personal Information Protection Committee Releases Guidance on Contact Tracing Mobile Apps to Combat COVID-19 - On May 1, the Personal Information Protection Committee in Japan...more
Selected Developments in U.S. Law -
NIST Publishes Privacy Framework Version 1.0 -
On January 16, 2020, the National Institute of Standards and Technology (NIST) published Version 1.0 of its Privacy Framework: A Tool for...more
The California legislature passed several amendments to the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.190) (the “CCPA”) on September 13, 2019. ...more
9/23/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Right to Delete
New Hampshire recently passed its Insurance Data Security Law based on the National Association of Insurance Commissioner’s (NAIC) Insurance Data Security Model Law. The law will go into effect January 1, 2020....more
The Washington Privacy Act (WPA) failed to make it through the house before April 17, the last day to consider non-budget policy bills in the Washington legislature. ...more