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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

SEC Gives Finality on Cybersecurity Disclosures for Public Companies

The SEC has now finalized its much anticipated rules for public companies’ cybersecurity disclosures. The final rules, published this month, require disclosure of certain cybersecurity incidents much sooner than under many...more

HHS Releases Cybersecurity Guide

The US Department of Health and Human Services recently updated its guide to help the private and public healthcare sectors develop cybersecurity protocols that address NIST’s Framework for Improving Critical Infrastructure...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

Lessons From New York AG Scrutiny of Breach Investigation and Response

New York’s Attorney General Letitia James recently secured a $1.9 million settlement from online retailer Zoetop Business Company, Ltd. to settle allegations that Zoetop had improperly handled a 2018 data breach and...more

FTC Action Against Drizly and CEO Provides Insight Into Its Security Expectations

The FTC recently took action against the online alcohol marketplace company Drizly and its CEO for alleged security failures. The case arose from a 2018 data breach which was caused – according to the FTC – by poor security...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

UK ICO and NCSC Issues Caution About Making Ransomware Payments

In a recent letter to the UK law society, the UK Information Commissioner’s Office and the National Cyber Security Centre have provided lawyers with advice about ransomware payments...more

Maryland Amends Data Security and Breach Notice Obligations

Maryland recently passed two companion bills amending the state’s Personal Information Protection Act. The bills modify the data breach notification requirements and scope of businesses subject to the data security...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

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

NYDFS Issues Supply Chain Management Guidance

The New York State Department of Financial Services recently issued recommendations to financial institutions in the aftermath of the SolarWinds cyberattack. In that attack, hackers inserted malware into SolarWinds software...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

Booking.com Fined By Dutch DPA For Breach Notice Delay

The Dutch Data Protection Authority recently imposed a €475,000 fine ($558,000) against the hotel website Booking.com for waiting longer than 72 hours to report a data breach. According to the Dutch DPA press release,...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

Managing the World of Cybersecurity in a New Era

Cyberattacks have become big business from the standpoint of attackers. Threat actors range well beyond cults of old, and now including sophisticated state actors, large businesses organized for the very purpose of cyber...more

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

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

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 Issues Alert On Outsourcing and Data Security

The SEC recently issued a risk alert warning about using vendors and cloud-based platforms. Many broker dealers and investment advisors are turning to these third parties to store customer data. In its alert, the SEC’s Office...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

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