News & Analysis as of

Data Protection Public Comment

Paul Hastings LLP

HHS OCR Releases Proposed Updates to HIPAA Security Rule

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On December 27, 2024, the U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), announced a Notice of Proposed Rulemaking (NPRM) to amend the Security Standards for the Protection of...more

Fisher Phillips

PEOs Need to Prepare for Increased Cybersecurity Requirements Thanks to Proposed HIPAA Security Rule Revisions

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With the HIPAA Security Rule set to undergo a massive overhaul to boost cybersecurity protections, PEOs need to take note. After all, as stewards of worksite employee and client company data – and as sponsors of group health...more

Fisher Phillips

Proposed Updates to HIPAA Security Rule Would Require Entities to Adopt Enhanced Cybersecurity Measures

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The HIPAA Security Rule may soon undergo a big overhaul that would better defend healthcare data from cybersecurity threats – and require much more from covered entities when it comes to establishing and maintaining defenses....more

A&O Shearman

CFTC Issues Advisory Guidance For Anticipated Growth In Use Of Artificial Intelligence By Regulated Entities

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On December 5, 2024, the Divisions of Clearing and Risk, Data, Market Oversight, and Market Participants of the Commodity Futures Trading Commission (“CFTC”) issued an advisory on the use of artificial intelligence (“AI”) in...more

McDermott Will & Emery

Trick or Treat: Colorado AG Announces Public Hearing on Proposed CPA Regulations

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On October 30, 2024, the Colorado attorney general (AG) announced a November 7, 2024, public rulemaking hearing to receive feedback on its latest proposed Colorado Privacy Act (CPA) regulations...more

Troutman Pepper Locke

Colorado AG Releases Personal Data Universal Opt-Out List for Public Comment

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Similar to other state consumer data protection acts enacted over the past two years, the Colorado Privacy Act (CPA) allows Colorado consumers to opt out of the sale of personal data and the processing of such data for...more

Troutman Pepper Locke

The NYDFS Updates Its Stringent Cybersecurity Regulations. Is This a Bellwether of Coming Industry Change? - The Consumer Finance...

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Join Troutman Pepper Partner Chris Willis as he discusses the New York Department of Financial Services’ (NYDFS) latest updates to its cybersecurity regulations with Troutman Pepper Privacy + Cyber Partner Kim Phan. With data...more

Troutman Pepper Locke

California Delete Act: An Aggressive New Approach to Regulating Data Brokers

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On October 10, Governor Newsom signed the Delete Act ( SB 362) into law, which amends California's current data broker law to impose extensive additional disclosure and registration requirements on data brokers, and to...more

Sheppard Mullin Richter & Hampton LLP

Two New Cybersecurity Proposed Rules Mean Big Changes for Federal Contractors

On October 3, 2023, the FAR Council released two long-awaited proposed rules for federal contractor cybersecurity stemming from the Biden Administration’s Cybersecurity Executive Order from May 2021 (Executive Order 14028)....more

Bass, Berry & Sims PLC

NIST Releases Public Draft of Revised Guidelines Aimed at Helping Contractors Protect Sensitive Information

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On May 10, the National Institute of Standards and Technology (NIST) released its initial public draft of SP 800-171, Revision 3, a set of updated guidelines aimed at helping organizations better handle confidential...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

Morgan Lewis - Tech & Sourcing

NYDFS Publishes Proposed Amendment to Its Cybersecurity Rules for Financial Services Companies

The New York Department of Financial Services (NYDFS) published its proposed amendment to its 23 NYCRR Part 500 (Cybersecurity Rules) on November 9, 2022, following the release of the draft version on July 29, 2022....more

Farella Braun + Martel LLP

Cybersecurity Regulation: Key Takeaways From an Unusual FTC Order That Will Follow CEO for a Decade

The FTC recently issued a proposed order that would settle an enforcement action against Drizly, LLC and its co-founder and CEO, James Rellas, arising from data breaches in 2018 and 2020 that affected over 2.5 million...more

McDermott Will & Emery

Colorado Attorney General’s Office Issues Draft Colorado Privacy Act Regulations

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On September 30, 2022, the Colorado Attorney General’s Office (the AG’s Office) released draft regulations to the Colorado Privacy Act (the CPA). Before these proposed regulations take effect, however, there will be a lengthy...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2022

In this month’s Privacy & Cybersecurity Update, we review the FTC’s proposed data privacy and cybersecurity rulemaking and the European Data Protection Board’s draft guidelines on the calculation of GDPR administrative fines....more

Shutts & Bowen LLP

FTC to Embark on New Privacy Rulemaking

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Privacy and data security professionals have been closely monitoring the ongoing battle regarding a new proposed federal law, the American Data Privacy and Protection Act ( ADPPA), which in July made it out of committee with...more

Jones Day

Federal Privacy and Data Security Regulation on the Horizon: The FTC Announces Proposed Rulemaking

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The Federal Trade Commission announced on August 11, 2022, that it is seeking public comment regarding its Advanced Notice of Proposed Rulemaking on commercial surveillance and data security. The Federal Trade Commission...more

WilmerHale

FTC Issues Long-Awaited Privacy-Focused Advance Notice of Proposed Rulemaking

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On August 11, 2022, the Federal Trade Commission (the FTC or the Commission) published an Advance Notice of Proposed Rulemaking (ANPR) to request public comment on the prevalence of “commercial surveillance and data security...more

Morgan Lewis

China’s Cross-Border Data Transfer Security Assessment Measures Take Effect September 1

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The Cyberspace Administration of China’s Measures for Security Assessment of Cross-border Data Transfer have retroactive effect for cross-border data transfers conducted prior to September 1, 2022. Businesses have a grace...more

WilmerHale

China’s New Outbound Data Transfer Security Assessment Measures and Standard Contract Provisions

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Outbound Data Transfer Security Review Measures - On July 7, 2022, the Cybersecurity Administration of China (“CAC”) issued the Outbound Data Transfer Security Assessment Measures (“Security Assessment Measures”) effective...more

Fisher Phillips

California Regulators Take Leap Forward in Creating Robust Privacy Protection Rules

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The next step in drafting the long-delayed privacy regulations for the California businesses subject to the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA) took place late...more

Perkins Coie

FCC Examines Cybersecurity Vulnerabilities Following Russian Invasion of Ukraine

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The U.S. Federal Communications Commission (FCC) published a Notice of Inquiry (NOI) on February 28, 2022, inviting public comment on vulnerabilities that threaten the security and integrity of the Border Gateway Protocol...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

FTC Overhauls Safeguards Rule Regarding Customer Information Applicable to Auto-Dealers and Other "Financial Institutions"

On October 27, 2021, the FTC announced that it intends to publish (1) a final rule to amend the Standards for Safeguarding Customer Information (Safeguards Rule); (2) a supplemental notice and request for public comment on...more

Akin Gump Strauss Hauer & Feld LLP

NIST Seeks Public Comment on Eight Emerging Technology Areas to Advance More Productive Tech Economy

The National Institute of Standards and Technology (NIST) issued a request for public comment to help guide the development of the current and future state of technology in eight emerging technology areas. Those areas include...more

Benesch

China Publishes Draft Data Transfer Requirements That Heavily Favor Data Localization

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As drafted the new measures specify security assessment and contract requirements but leave ample room for Chinese authorities to heavily restrict cross-border data transfers. At the end of October, China’s top privacy...more

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