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Unpacking the FTC’s Recent Blog Post Regarding Breach Notification

The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more

Unpacking the FTC’s Recent  Blog Post Regarding Breach Notification

The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more

Draft CPRA Regulations Released by CPPA

The California Privacy Protection Agency (“CPPA”) scheduled a Board Meeting for June 8th, in which it will be discussing and possibly taking action with regard to the much anticipated CPRA enforcing regulations. To...more

Colorado AG’s Office Issues Data Security Guidance

On January 28, 2022 the Consumer Protection Section of the Colorado Attorney General’s Office issued guidance regarding data security best practices.  Businesses subject to the Colorado Privacy Act can look to these best...more

Predictions for Privacy & Data Security in 2022

2021 proved to be a momentous year for privacy and data security law. The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening...more

Another Federal Court Orders Production of Data Breach Forensic Report

Following in the footsteps of the Eastern District of Virginia’s Capital One decision last year and the District of D.C.’s Clark Hill decision earlier this year, the Eastern District of Pennsylvania has just ordered the...more

Colorado Passes Data Privacy Law

Colorado has become the third state in the country to pass a comprehensive data privacy law, joining California and Virginia.  Assuming the governor signs—as he is widely expected to do—the Colorado Privacy Act (the “CPA”)...more

Federal Court System—And Possibly Sealed Filings—Breached in Connection With SolarWinds Hack

The Administrative Office of the U.S. Courts (the “AO”) recently disclosed that it has initiated an investigation into an apparent compromise in security of the Judiciary’s Case Management/Electronic Case Files System...more

California Attorney General Shows No Sign of Slowing CCPA Rulemaking with Fourth Set of Proposed Modifications

The California Attorney General’s Office recently released a fourth set of proposed regulatory modifications to the California Consumer Privacy Act (the “CCPA”)....more

Congress Sends Bipartisan ‘Internet of Things’ Bill to President Trump

On November 17, 2020, H.R. 1668, the “Internet of Things Cybersecurity Improvement Act of 2020”, was unanimously passed by the Senate. The bill is now on its way to President Trump for signature or veto....more

Weakened Privacy and Information Security Tools—the Unintended Consequence of Attacks on Section 230 of the CDA

Assaults on Section 230 of the Communications Decency Act (the “CDA”)—which shields online platforms from civil liability for third party content on their services—are abundant these days. On October 15, 2020, FCC Chairman...more

California AG Releases Proposed CCPA Regulations

The California Attorney General’s Office released its long-awaited proposed CCPA Regulations yesterday.  The proposed Regulations are 24 pages long, and address a number of important technical compliance issues including...more

Delaware and New Hampshire Join Growing List of States With New Insurance Data Security Laws

Delaware (July 31, 2019) and New Hampshire (August 2, 2019) have become the latest states to add to the insurance cybersecurity landscape by enacting information security laws.  These laws come on the heels of Connecticut’s...more

Connecticut Becomes Latest State to Enact Insurance Data Security Law

On July 26, 2019, Connecticut Governor Ned Lamont signed into the law the state’s new Insurance Data Security Law, which imposes new information security, risk management, and reporting requirements for carriers, producers,...more

Colorado Legislature Considers Sweeping Privacy and Cybersecurity Legislation

A bipartisan group of Colorado legislators proposed legislation that, if enacted, would significantly change the requirements for how Colorado entities protect, transfer, secure, and dispose of documents containing “personal...more

Uber Settles FTC Dispute Over Consumer Data Privacy and Security Allegations

There are several key takeaways from a 20-year proposed consent order agreed to by Uber Technologies, Inc. (Uber) and the Federal Trade Commission (FTC)...more

New Mexico Becomes 48th State to Enact Data Breach Notification Law

New Mexico recently became the 48th state to enact a data breach notification law. This continues the accelerated pace of state data breach legislative activity in the last two years. Since 2015, at least 41 states have...more

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