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Data Breach Notice Requirements

Clark Hill PLC

Right To Know - August 2024, Vol. 20

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

BakerHostetler

Pennsylvania Makes Significant Changes to Its Data Breach Notification Law

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On June 28, 2024, Pennsylvania Governor Josh Shapiro signed an amendment to Pennsylvania’s Breach of Personal Information Notification Act into law. The amended law, which includes significant changes to the Keystone State’s...more

BCLP

Conditions Precedent and Time Bars, Getting Around Them

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When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the consequences of...more

Seward & Kissel LLP

SEC Amends Regulation S-P to Require Data Breach Notifications and Additional Written Policies

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On May 16, 2024, the SEC amended Regulation S-P to impose new data privacy and security requirements on broker-dealers, registered investment advisers, investment companies (whether or not they are registered with the SEC),...more

Tucker Arensberg, P.C.

Navigating HIPAA’s Breach Notification Rule Following A Breach

Tucker Arensberg, P.C. on

In light of the ongoing investigation of Change Healthcare’s ransomware attack that resulted in the improper disclosure of thousands of individuals’ PHI, now seems like a perfect time to discuss HIPAA’s requirements...more

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Hudson Cook, LLP

Data Security Déjà Vu: FTC Finalizes Notification Event Amendment to Safeguards Rule

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Does anyone else feel like Bill Murray in Groundhog Day, where his character keeps experiencing the same day over and over and over again? It seems like the Federal Trade Commission just amended the Safeguards Rule yesterday,...more

Benesch

FTC Amends Financial Institution Safeguards Rule to Include New Obligation to Report Notification of Data Security Breaches

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The amended rule requires financial institutions to notify the FTC within 30 days of discovery of a security breach involving information of at least 500 consumers. ...more

BakerHostetler

FTC Amends Safeguards Rule to Require Notification of Unauthorized Data Acquisitions to the Agency

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Back in 2021, the FTC announced substantial changes to the Rule that imposed more detailed and rigorous security requirements for covered financial institutions and was largely based on the New York State Department of...more

Epiq

Move it or Lose it – With Cyber Breach Response, Time is of the Essence

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There are so many factors that go into breach response. Determining the size of the breach, time limitations, legal requirements, notification needs, urgency for containment, and interrupted business operations are just a...more

Sheppard Mullin Richter & Hampton LLP

May 2nd Marks Effective Date of Pennsylvania Breach Law Amendments

As we wrote in November, Pennsylvania amended its data breach notification laws last year, and those changes go into effect tomorrow (May 2, 2023). Beginning tomorrow, if a breach of username/email accounts and their...more

A&O Shearman

EDPB updates the guidelines on data breach notification, addresses data processing in upcoming AML legislation

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The European Data Protection Board (EDPB) held its 77th plenary meeting on 28 March 2023. The EDPB considered the following key topics...more

Proskauer - The Capital Commitment

SEC Revisits Regulation S-P After Twenty Years of Innovation to Information Technology

On March 15, 2023, the U.S. Securities and Exchange Commission (“SEC”) released its proposal to amend Regulation S-P: Privacy of Consumer Financial Information and Safeguarding Customer Information (the “Proposed...more

Venable LLP

FCC Proposes Updating Its CPNI Breach Reporting Rules

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The Federal Communications Commission (FCC) is seeking to update and strengthen its rules governing breaches of consumer data and personal information. Public comments on the new rules are due February 22, 2023, and reply...more

Spilman Thomas & Battle, PLLC

OCR and HIPAA Compliance – The Next Step

Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more

Sheppard Mullin Richter & Hampton LLP

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

BakerHostetler

If an Agency Calls Something Unfair, Does That Magically Make It Unlawful? A Recent Blog Post by the FTC’s Chief Technology...

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Last week, the Federal Trade Commission’s (FTC) tech blog quietly published a post that could have broad implications - for privacy practitioners and beyond. In this post, the agency takes the novel position that if consumer...more

Reveal

Data Breach Notifications Under GDPR

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Data privacy officers (DPOs) and compliance officers are the first responders in the event of a data breach. Like all emergency workers, they must stand at the ready, prepared to jump into decisive action at a moment’s...more

Rivkin Radler LLP

Insurance Update - April 2022

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Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more

Benesch

Federal Agencies Issue New Breach Notification Rules for Banking Organizations and Banking Service Providers

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Banking organizations must notify the appropriate agency within 36 hours of certain computer-security incidents; and banking service providers must notify affected banking organizations as soon as possible in the event of an...more

Dorsey & Whitney LLP

The Prudential Bank Regulators Adopt Federal Data Interruption Notice Requirements for FDIC-Insured Institutions and Service...

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On November 23, 2021, the Office of the Comptroller of the Currency (the “OCC”), the Federal Deposit Insurance Corporation (the “FDIC”) and the Federal Reserve Board (the “Prudential Regulators”) exercised their collective...more

Sheppard Mullin Richter & Hampton LLP

California Issues New Health Facility Breach Reporting Requirements

On July 1, 2021, the California Department of Public Health (“CDPH”) issued new regulations (the “Regulations”) effective immediately that more narrowly limit the circumstances under which instances of unauthorized access to...more

Sheppard Mullin Richter & Hampton LLP

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

Jones Day

Connecticut Expands Data Breach Notification Requirements and Establishes a Cybersecurity "Safe Harbor"

Jones Day on

Connecticut has become the third state to enact a cybersecurity safe harbor statute. On June 16 and July 6, 2021, Connecticut Governor Ned Lamont signed two new cybersecurity laws that continue the national trend of...more

BakerHostetler

International Data Protection Update – First Quarter 2021

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This quarterly update highlights some of the international data protection issues that have caught our attention, and the attention of our clients, in the past three months....more

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