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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

72 hours: The NCUA’s New Cyber Incident Reporting Requirement

Three days. Starting September 1, 2023, that is all federally insured credit unions will have to report cyber incidents. The rule, approved on February 16, 2023, broadly defines cyber incident to include any incident that...more

Graduation Goods Settlement: A Good Reminder of AGs’ Data Security Priorities

The New York and Pennsylvania AGs settlement with Herff Jones from late last year provides guidance to businesses about expected security measures as we enter into 2023. The case arose after Herff Jones, producer and seller...more

Illinois Appellate Court Weighs in on Biometric Data Policies

An Illinois state appellate court’s recent ruling will impact how companies consider compliance with Illinois’ Biometric Information Privacy Act (BIPA). That court ruled companies must have a BIPA-compliant written...more

Wegmans Settles With NYAG for $400,000 Over Data Incident

The New York Attorney General recently announced a data security-related settlement with Wegmans Food Markets. The issue arose in April 2021 regarding a cloud-based incident. At that time a security researcher notified...more

FTC Weighs In On Data Breach Notification

The FTC recently reminded companies that principles of fairness and the likelihood of harm may in some cases prompt breach notification. This requirement might exist even if state breach notice laws have not been triggered...more

NYAG Issues Credential Stuffing Guidance

The New York AG recently issued information about steps companies can take to protect against credential stuffing attacks, and how to handle them if they occur. The guidance makes up a majority of a larger AG report on...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

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

Nota Bene Episode 114: The New Global Business of Cyberattack, from Ransomware to a Now-Ubiquitous State of Breach with Kari... [Audio]

Cyberattacks have become big business, from the standpoint of both the attackers and attorneys pursuing liability compensation from corporate attack victims. Threat actors range well beyond hacker cults of old, now including...more

Privacy and Data Protection Enactment and Enforcement Timelines During COVID-19

During COVID-19, in certain areas of the law, we have seen significant flexibility from regulators and government agencies in how they are addressing typical approval processes and/or compliance requirements. In the context...more

Proposed CCPA Regs Released, Comments Due Dec. 6

The California attorney general has released draft regulations for CCPA, giving companies further guidance on a variety of topics. The regulations are in draft, and comments are due to the attorney general’s office by...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

New York SHIELD Act Expands Breach Notice Requirements Starting in October

As we recently reported, New York’s new SHIELD Act contains data security provisions. It also contains a number of key changes to New York’s existing breach notification obligations. These changes will become effective...more

Preparing for New York’s New Data Security Requirements

New York recently passed the SHIELD Act, which, among other things, newly establishes data security requirements for companies that collect private information about New York residents. The data security protections required...more

SEC To Focus on Cybersecurity in 2019

For the fourth year running, the Securities and Exchange Commission’s Office continues to list cybersecurity as one of the top enforcement priorities for 2019. As it relates to cybersecurity, the SEC will be focusing on...more

Happy First Day of Spring! Ohio Insurance Law Effective Today

Ohio recently followed South Carolina as the second state to adopt cybersecurity legislation modeled after the NAIC’s Insurance Data Security Model Law. The Ohio law, Senate Bill 273, applies to insurers authorized to do...more

New York Federal Court Dismisses Nationwide Class Action Arising Out of Alleged Spying by E-Commerce Retailers

In a victory for online retailers, a New York federal court recently dismissed three putative class action lawsuits brought on behalf of website visitors whose mouse clicks, keystrokes, and electronic communications were...more

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