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California Enacts New Privacy Law for Genetic Data

California’s governor recently signed SB 41 into law. The bill enacts the Genetic Information Privacy Act (GIPA). The governor rejected a similar bill last year over concerns about COVID-19 public health efforts. To address...more

NYDFS FAQ Provides Clarity on Breach Notification and Security Requirements

The New York Department of Financial Service recently clarified security incident notification requirements and the use of multi-factor authentication. On its FAQ page, the NYDFS added two new questions and answers for...more

Breach of PHI? California AG Reminds Companies of Potential State Notification Obligations

The California AG recently reminded companies in the healthcare industry of potential data breach notification obligations beyond HIPAA. As ransomware attacks continue to rise, particularly in healthcare, companies should...more

SEC Fine Highlights Importance of Cybersecurity Disclosures

The SEC recently announced a settlement with Pearson plc where the company has agreed to pay $1 million to settle charges that it misled investors about a 2018 cyber incident. According to the order, Pearson made misleading...more

Connecticut Expands Data Breach Notification Law, Changes Effective October 1, 2021

In addition to recently passing a cybersecurity safe harbor law, Connecticut also updated its data breach notification law. Connecticut joins Texas in passing changes to breach notification requirements this year. There are...more

And Then There Were Three: Colorado Passes Privacy Law, Effective July 2023

Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s...more

Understanding When to Use Two New Sets of Standard Contractual Clauses Issued by the EU

Starting this fall, companies transferring personal data from the European Economic Area (EEA) will likely begin to see a flurry of contract renegotiations. On June 4, 2021, the European Commission adopted long awaited new...more

NIST Plans to Update HIPAA Security Guidance – Asks for Comments

Recently, the National Institute of Standards and Technology (NIST) requested comments to its Resource Guide for implementing the HIPAA Security Rule. (i.e., SP 800-66). This Guide, first released in 2008, summarizes the...more

Update on the State of Privacy Law in China

China is continuing to move forward with its first comprehensive privacy law. China recently issued a second version of the draft Personal Information Protection Law (Draft PIPL) which will be open for public comments until...more

Two Other States Adopt Model Data Security Law for Insurance Industry

Maine and North Dakota recently adopted the National Association of Insurance Commissioners (NAIC) data security model law. They join at least 11 others states who have already adopted the model law. The model law applies to...more

Utah Creates Data Breach Safe Harbor

Utah recently amended its breach notice law to provide certain defenses to companies who suffer a data breach. It is now the second state, after Ohio, to include such provisions. Specifically, entities that create and...more

Federal Financial Agencies Seek Comments on Use of Artificial Intelligence

Artificial intelligence continues to remain a focus in 2021, as we predicted at the start of the year. From the FTC, to the EU, to others, regulators of all kinds are paying attention to companies’ use of these tools. In the...more

States Continue to Step in to Safeguard Genetic Information

Utah’s governor recently signed into law SB 227, creating the Genetic Information Privacy Act (GIPA). The law, which is anticipated to go into effect in May, is aimed at protecting genetic data collected from...more

Brazil’s Comprehensive Privacy Law Now in Effect

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Vermont Updates Data Breach Notification Law

Vermont recently amended its data breach notification law. The changes will go into effect July 1, 2020. As amended, the definition of “personal information” now includes the following when combined with a consumer’s first...more

D.C. Amends Data Breach Notification Law, Adds Security Requirements

At the end of March, Washington, D.C. signed the Security Breach Protection Amendment Act of 2019, which adds some significant changes to D.C.’s existing data breach law, first enacted in 2007. The law is projected to take...more

FTC Settles with Company Over Alleged Deceptive Security Practices

The FTC recently settled with smart lock maker Tapplock, Inc., a Canadian company, over allegations that it deceived consumers with false claims about its product’s security practices. These allegations arose based on...more

NY SHIELD Act Data Security Requirements Effective This Month

Businesses collecting personal information from New York residents will soon be expected to apply enhanced data security requirements. The New York SHIELD Act, signed into law in July 2019, expanded breach notice requirements...more

FTC Releases 2019 Privacy and Security Year in Review

The FTC recently released its annual privacy and security report, providing a snapshot of the issues focused on in the previous year. These reports are often looked at as a signal for insights into the agency’s upcoming...more

New Trends Emerge in FTC Data Security Orders, Including Emphasis on C-Suite Involvement

The FTC recently summarized three major changes it made to its orders in data security cases. In a blog signaling these changes, the FTC Indicated that some of the things it has been requiring of companies in 2019 are here to...more

FTC and Software Company Reach Security Settlement Over Unfair Practices

The FTC recently settled with Infotrax Systems, L.C. a technology company providing software to the direct sales industry. The settlement followed a breach suffered by the company, and involved allegations the company had...more

Maryland Adds Insurance Commissioner to Breach Notification Requirements

Effective October 1, 2019, organizations providing health insurance and related services must notify the Maryland Insurance Administration as part of its breach notification requirements. In August 2019, the Maryland...more

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