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SEC Continues its Cybersecurity Focus, Settles with Company over Lax Security Measures

The SEC recently issued an order and settlement against a company from a pair of cyberattacks in which millions of dollars of client funds were stolen. While the company was able to recover a portion of the funds and...more

#Hashtag Hashing: Still Not as Helpful as You Think!

In a recent blog post, the FTC again cautioned entities that hashing data does not make that data anonymous. Hashing is a process that takes a particular input, such as a phone number or email address, and uses a mathematical...more

FTC Finalizes Breach Notification Rule Amendments Directed at Digital Health

The FTC recently announced that it had finalized the changes to the Health Breach Notification Rule (HBNR). This is roughly one year later from when the proposed changes were first released and three years later from the...more

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

FTC Sends Stern Reminder to AI Companies

While the US does not have some specific AI-focused law a host of regulators have been providing their thoughts about AI. Noticeable traction on the topic began in 2020. With the explosion of ChatGPT in 2023, commentary (and...more

Closing Out 2023 with Utah’s Privacy Law

This year has been active on the state “comprehensive” privacy law front. Seven states passed new laws in 2023 (Delaware, Iowa, Indiana, Tennessee, Montana, Florida, and Oregon). These states joined California, Connecticut,...more

CCPA Amendments Extend Protections to Reproductive Health and Citizenship Status

Governor Newson recently signed two amendments to the CCPA strengthening protections for certain data types. The changes go into effect January 1, 2024....more

The Comprehensive Privacy Law Deluge: Impact on Loyalty Programs

Among the various requirements under US state comprehensive privacy laws, those that relate to loyalty programs may be some of the most confusing. Only three states — California, Colorado and Florida — regulate these...more

What Do the CPPA’s Draft Regulations on Risk Assessments and Cybersecurity Audits Mean for Companies?

The CPPA, the California regulatory body charged with enforcing CCPA, has now issued draft regulations on risk assessments and cybersecurity audits. The draft was released ahead of a public board meeting to discuss those...more

The “First State” Officially Becomes the Thirteenth State with a Comprehensive Data Privacy Law

After some delay, Delaware’s governor has at last signed into law the thirteenth state comprehensive privacy law. This is the seventh law passed in 2023, joining Iowa, Indiana, Tennessee, Montana, Florida, and Oregon. The law...more

Texas Amends Data Breach Notification Law, Updates Effective September 1

Texas recently enacted an amendment to its data breach notification law. As of September 1, 2023, there are two changes to the requirements when notifying the Texas Attorney General. In Texas, breaches of 250 residents or...more

State Privacy Law Roundup: What Financial Services Entities Need to Know

Financial services companies beware: the new state privacy laws exemption are not uniform. To recap, there are privacy laws in 12 states: California, Colorado, Connecticut, Florida, Indiana, Iowa, Montana, Oregon, Tennessee,...more

State Privacy Law Roundup: What Health Care Companies Need to Know

As more and more states are enacting privacy laws, organizations in the health care industry may be wondering what the impact these laws will have on them. At this point, there are privacy laws in 12 states, with one more...more

Regulators Send Warning Letter to Hospitals and Telehealth Providers About Tracking Technology Use

The FTC and OCR at HHS are continuing to scrutinize the use of tracking technologies that may reveal information about a person’s health or health status. Both agencies recently sent a letter to a reported 130 hospitals and...more

Impact of the Last Minute CCPA-Enforcement Delay

A California court recently issued a ruling delaying the CPPA’s ability to enforce the most recent CCPA regulations until March 29, 2024. This does not delay enforcement of the CCPA statute or existing regulations....more

FTC Looks to Update Health Breach Notification Rule, Targeting Digital Health Industry

The FTC recently proposed amendments to the Health Breach Notification Rule (HBNR). This is on trend with its aggressive interest over the last couple of years in health data not covered by HIPAA....more

The Comprehensive Privacy Law Deluge: Approaching Choice and Rights

Companies may want to review their consumer rights processes as we approach July 1. This is the date of enforcement for those parts of CCPA modified by CPRA. It is also the effective date of two more state privacy laws:...more

Another Governor Signs: Florida Privacy Law Will be Effective July 2024

Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy...more

Washington State Enacts Landmark Privacy Law Aimed at Digital Health Industry

On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. This law, named the “My Health My Data Act,” covers a very wide range of entities,...more

Governor Signs: Hoosier State Adds to the US Privacy Patchwork

Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical...more

My Health My Data Act: Consumer Rights

In this second post in our ongoing series, we examine the scope of rights given to consumers under the recently enacted My Health My Data Act... The law provides consumers several rights, all of which are in other privacy...more

My Health My Data Act: Scope of the Law

On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. While the 2023 legislative season has been busy for state “comprehensive” privacy...more

My Health My Data Act: Consent Requirements

In this third post in our ongoing series, we examine the scope of the consent requirements under the recently enacted My Health My Data Act. (Visit here for information about the scope of the law and here for information...more

Utah Amends Data Breach Law, Creates Cyber Center

Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents....more

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