News & Analysis as of

Federal Breach Notification Standard

Is There Automatic Civil Liability For A Data Breach?

by Fisher Phillips on

No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

OCR Publishes Checklist and Infographic for Cyber Attack Response

OCR released a simple checklist and infographic last week to assist Covered Entities and Business Associates with responding to potential cyber attacks. As cybersecurity remains a pressing concern for health care entities,...more

Ransomware Attacks: When Is Notification Required?

by Latham & Watkins LLP on

Ransomware is not only a growing security threat but a potentially thorny notification issue. Ransomware is one of the most prevalent cybersecurity threats afflicting businesses today. When an attack hits, a victim...more

What Does the Introduction of Mandatory Data Breach Notification in Australia Mean for You?

by Jones Day on

Australia's Data Breach Bill amends the Privacy Act 1988 (Cth) ("Privacy Act") and requires private and public organisations regulated by the Privacy Act to notify affected individuals and the Australian Information...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Cybercrime: New mandatory data breach reporting requirements

by Dentons on

Australian businesses can no longer keep quiet about cyber security breaches, with Parliament passing laws mandating their disclosure. On 13 February 2017, the Senate passed the Privacy Amendment (Notifiable Data Breaches)...more

Technical Noncompliance with HIPAA Can Lead to Big Penalties

by Roetzel & Andress on

As discussed in prior client alerts, the Office of Civil Rights (OCR), the agency charged with HIPAA enforcement, has increased HIPAA compliance initiatives in recent months and is poised to continue its enforcement...more

Time is Money: HIPAA Enforcement Action for Untimely Breach Notice Settles for $475,000

by Snell & Wilmer on

Many New Year’s Resolutions focus on actions intended to save money and reduce stress. Organizations, especially those in the health care industry, should consider a resolution to review their breach notification procedures...more

Data Breach Notification Laws: What to consider

by Bryan Cave on

Although Congress has attempted to agree on federal data breach notification legislation, there is no national data breach notification law that applies to most companies. Instead, 47 states, plus the District of Columbia,...more

Data Breach Notification In the EU: A Comparison of US and Soon-To-Be EU Law

by Bryan Cave on

In the United States Congress has repeatedly attempted, but failed, to agree on federal data breach notification legislation. As a result, there is no single federal statute that imposes a breach notification obligation on...more

NAIC Released Revised Insurance Data Security Model Law Draft For Review

The National Association of Insurance Commissioners (NAIC) Cybersecurity Task Force released a revised draft of the Insurance Data Security Model Law (Model Law) last week. The Model Law’s goal is to “establish exclusive...more

European Parliament Passes Landmark Data Protection Regulation

by Moore & Van Allen PLLC on

On April 14, 2016, the European Parliament passed the General Data Protection Regulation (GDPR) and its companion, Data Protection Directive for Police and Criminal Justice Authorities. The GDPR is a comprehensive regulation...more

The European Union Approves First-Ever Cybersecurity Rules

by King & Spalding on

On July 6, 2016, after more than three years of debate, the European Parliament gave final approval to the Network and Information Security Directive. It establishes the first set of fundamental cybersecurity and breach...more

W-2 Phishing Scams: Don’t Take the Bait

by Poyner Spruill LLP on

In recent weeks, hundreds of businesses around the country have been hit by an email “phishing” scam that is both brilliant in its exploitation of workplace power dynamics and potentially devastating in its effects. This...more

House Panel Approves Data Breach Bill

by King & Spalding on

On Wednesday, Dec. 9, the House Financial Services Committee approved a bill that would require companies to notify consumers and the government when a data breach compromises certain unencrypted consumer information. The...more

With No Federal Law in Sight, States Continue to Refine Their Own Data Privacy Laws

by McDermott Will & Emery on

With no Congressional consensus to adopt a federal data privacy and breach notification statute, states are updating and refining their already-existing laws to enact more stringent requirements for companies. Two states...more

State Attorneys General Ask Congress Not To Preempt Breach Notification Laws

by King & Spalding on

In the wake of recent, large-scale data breaches, several pieces of legislation have been introduced in Congress to establish a national data breach notification law, including a House bill that would preempt the current...more

State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”

by Ifrah PLLC on

Every week, we learn about new data breaches affecting consumers across the country. Federal government workers and retirees recently received the unsettling news that a breach compromised their personal information,...more

47 Attorneys General to Congress: Federal Breach Legislation Should Not Preempt the States

by Reed Smith on

On July 7, 2015, attorneys general from 47 states and territories sent a letter to Congressional leaders urging them to consider federal data breach notification legislation that does not preempt the states. The move comes on...more

Federal Cybersecurity Legislation Moving Quickly, But Is It In the Wrong Direction?

by Moore & Van Allen PLLC on

Federal cybersecurity legislation seeking to establish a national standard for data protection and breach response is quickly working its way through the legislative process. The bipartisan bill, formerly known as the Data...more

State AGs’ Interest in Privacy and Cybersecurity – No End in Sight – REDUX (or, if you prefer, we told you so…)

by Reed Smith on

Reed Smith has been closely following the interest and activities of State AGs in the areas of privacy and cybersecurity, and recently blogged on a major NAAG (National Association of Attorneys General) conference in April on...more

Planning for Breach Notification Requirements in Your Customer Contracts

by Nossaman LLP on

At the San Francisco “Exchange” Data Privacy and Cyber Security Forum on April 26, a spirited debate arose whether a federal breach notification law will/should be enacted to bring uniformity to the patchwork of breach...more

The Evolving U.S. Cybersecurity Landscape: What Firms Want to Know

by Dechert LLP on

Following a year of high-profile data breaches, the Securities and Exchange Commission (SEC) announced on January 13, 2015 that, for the second consecutive year, its Office of Compliance Inspections and Examinations (OCIE)...more

Congress Turns to Cyber and Data Breach Legislation

by Holland & Knight LLP on

After five years of trying and failing, over the next several weeks Congress may finally make meaningful progress on cybersecurity and data breach legislation. This week the House Energy & Commerce Committee and the House...more

Data privacy, security and breach notification bill passes through House subcommittee

by Robinson & Cole LLP on

A closely watched bipartisan national data privacy, security, and breach notification bill cleared a House subcommittee yesterday, sending it to the full House Energy and Commerce Committee for review. There have been many...more

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Cybersecurity

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