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Insurance Industry: Mid-2023 Privacy and Data Security Updates

The first half of 2023 saw a flurry of activity in the privacy and data security spaces. We outline below some of the key developments of interest to the insurance industry....more

NAIC Tackles Insurance Industry Privacy Modernization

On February 1, 2023, the NAIC Privacy Protections Working Group (PPWG) released a draft of Model Law 674 Insurance Consumer Privacy Protection Model Law (Model 674 or Model). Proposed Model 674 is intended to replace Model...more

NYDFS Releases Pre-Proposed Second Amendment to its Cybersecurity Regulations, 23 NYCRR 500

On July 29, 2022, the New York Department of Financial Services (NYDFS) published the pre-proposed second amendment to its Cybersecurity Regulations, 23 NYCRR 500 (Part 500), that if adopted, would likely require numerous...more

Insurance Privacy, Cybersecurity and Data Strategy: Mid-2022 Updates

The first half of 2022 brought plenty of activity in the data privacy and cybersecurity space, much of which is applicable to or of interest to the insurance industry. We outline some of this activity below. Revisions to...more

Log4j Vulnerability Prompts Insurance Commissioners to Issue Guidance

CISA Director Jen Easterly on Log4j: “These vulnerabilities are the most severe that I’ve seen in my career.” On December 11, 2021, the Cybersecurity and Infrastructure Security Agency (CISA), in partnership with the FBI...more

New York DFS Broadens the Permissible Use of Electronic Communication for Property/Casualty Insurance Notices

On December 22, 2021, Gov. Kathy Hochul signed Senate Bill S653A, relating to electronic delivery of property/casualty insurance notices. This bill amends the New York Insurance Law by adding section 3458, which takes effect...more

NAIC Insurance Data Security Model Law (MDL-668) Update

The NAIC Data Security Model Law (Model 668) continues its journey through the various state legislatures. Whether all 50 states meet the U.S. Treasury-recommended 2022 deadline for adoption of uniform data security...more

Catching up on the NAIC Data Security Model Law, Part 2

As insurers continue to grapple with a number of pressing issues — COVID-19 lockdown, an effective California Consumer Privacy Act, and the pending California Privacy Rights Act — many may have lost track of states’ actions...more

Florida Bill Restricting Life Insurers’ Use of Genetic Information Signed by Governor DeSantis

Florida has enacted House Bill 1189, which prohibits life and long-term care insurers from canceling, limiting, or denying coverage or adjusting premium rates based on genetic information. As we previously reported, the...more

Regulators Continue to Voice Concerns on Credit Scores

Consumer credit history has been used by the insurance industry since the 1990s, when the Fair Isaac Corporation (FICO) introduced credit-based insurance scores. These scores assist insurance companies with risk management by...more

COVID-19 Consumer Data Protection Act of 2020 Seeks to Regulate Collection, Use of Geolocation, Personal Health Information

Contact tracing is recognized by health systems and governments as an effective method to identify individuals an infected person may have exposed to disease in order to notify those individuals and take action to prevent...more

State Insurance Spotlight: Texas Department of Insurance Guidance Concerning COVID-19

State insurance departments across the country are continuing to provide guidance in response to the COVID-19 outbreak. In this update, Faegre Drinker spotlights the current Texas Department of Insurance (TDI) guidance with...more

State Insurance Spotlight: Illinois Department of Insurance Guidance Concerning COVID-19

State insurance departments across the country are continuing to provide guidance in response to the COVID-19 outbreak. In this update, Faegre Drinker spotlights the current Illinois Department of Insurance (Department)...more

State Insurance Spotlight: Maryland Insurance Administration Guidance Concerning COVID-19

State insurance departments across the country are continuing to provide guidance in response to the COVID-19 outbreak. In this update, Faegre Drinker spotlights the current Maryland Insurance Administration (MIA) guidance...more

State Insurance Spotlight: Washington State OIC Guidance Concerning COVID-19

State insurance departments across the country are continuing to provide guidance in response to the COVID-19 outbreak. In this update, Faegre Drinker spotlights the current Washington State Office of the Insurance...more

Insurance Industry Cybersecurity and COVID-19: The Importance of Risk Assessments

As companies seek to adapt to the worsening effects of the COVID-19 pandemic, security experts, as well as government agencies, including the FBI, are sounding the alarm on a drastic increase in the amount of cybersecurity...more

State Insurance Spotlight: California Department of Insurance Guidance Concerning COVID-19

State insurance departments across the country are continuing to provide guidance in response to the COVID-19 outbreak. In this update, Faegre Drinker spotlights the current California Department of Insurance (CDI) guidance...more

State Insurance Spotlight: Florida OIR Guidance Concerning COVID-19

State insurance departments across the country are continuing to provide guidance in response to the COVID-19 outbreak. In this update, Faegre Drinker spotlights the current Florida Office of Insurance Regulation (OIR)...more

Florida House Passes Bill Prohibiting Life Insurer Use of Genetic Information

On January 29, the Florida House of Representatives passed a bill (HB 1189) that would prohibit life and long-term care insurers from canceling, limiting, or denying coverage or adjusting premium rates based on genetic...more

Catching up on the NAIC Data Security Model Law

In 2019, many of us were so consumed by preparations for the January 1, 2020, effectiveness of the CCPA that we may have lost track of activities concerning state enactment of the NAIC Insurance Data Security Model Law. To...more

CCPA and IIPPA Update

Earlier this year, California legislators proposed A.B. 981 (“the proposal”), which, among other things, would have exempted insurance institutions, agents and support organizations (“insurers”) from many provisions of the...more

Proposed CCPA Amendments Addressing Insurers (CCPA Meets IIPPA)

In response to numerous comments regarding the California Consumer Privacy Act (CCPA), on February 21, 2019, Assembly Member Tom Daly (D-CA 69th) proposed AB 981, designed to clarify the privacy protection laws applicable to...more

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