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Safeguards against Data Security Breaches (Part One)
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Following the SolarWinds and the Colonial Pipeline cyberattacks, the Biden Administration emphasized a shift toward mandatory cybersecurity requirements. Throughout 2021, government agencies issued new cybersecurity guidance,...more
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
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
President Biden signed an executive order to bolster the federal government’s cybersecurity posture on May 12. The order focuses on implementing vital improvements to networks of federal departments and agencies, many of...more
As companies scramble to respond to the COVID-19 pandemic, one area that may not, but should, be on their radar is the terms and coverage provided by their cyber insurance policies. Certainly COVID-19 is not a computer virus,...more
New York Governor Andrew M. Cuomo signed a bill into law last week that expands New York’s data breach notification law. The Stop Hacks and Improve Electronic Data Security (SHIELD) Act brings the New York data breach...more
On July 25, 2019, New York Governor Andrew Cuomo signed the Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act”), making key changes to New York’s data breach notification and cybersecurity laws....more
Over the past six months, a significant number of states have amended their data breach notification statutes. Specifically, thirteen states have amended their statutes to: (1) require notice to the State Attorney General,...more
Most attorneys are well aware of statutory obligations that require private and governmental entities to notify individuals of data breaches that involve the loss or disclosure of personally identifiable information. An area...more
HIPAA privacy and security violations can result in fines of $110 to $55,100 to covered entities (including healthcare providers and health plans) and their business associates. (45 CFR 160.404). If the violation resulted...more
The Ponemon Institute has released a recent report concluding, among other things, that the cost to a company suffering a data breach in the U.S. has risen eight percent year-on-year from 2017. The total cost of the average...more
With South Dakota and Alabama’s new statutes, all 50 states and the District of Columbia have now enacted data breach notification laws. The Oregon and Delaware amended statutes will enhance requirements, and Canada’s new law...more
The Arizona Legislature has significantly expanded and strengthened the state's data breach notification law. The legislation was signed by Arizona Governor Doug Ducey on April 11, 2018....more
On March 28, 2018, Alabama adopted a data privacy law, the Alabama Data Breach Notification Actof 2018 (SB318). While Alabama is one of the last states to adopt such an act, the Act is notable in its requirements, and applies...more
The last two states which have not passed data breach notification laws are Alabama and South Dakota. Sometimes we make jokes about these states as they are so late to the data breach notification table (California was the...more
For many companies, the "hap-happiest season of all" coincides with the busiest season of all. Business owners and employees are racing to fill customer orders in time for the holidays, which also means an avalanche of new...more
The security breach announced by Equifax Inc. on September 7, 2017, grabbed headlines around the world as Equifax revealed that personal data of roughly 143 million consumers in the United States and certain UK and Canadian...more
This month's WannaCry "ransomware" attack—the first truly global incident of its kind—is believed to have affected at least 300,000 computers in over 150 countries, claiming among its victims many large corporations and...more
In a keynote address delivered on September 27, 2016 at the U.S. Chamber of Commerce’s fifth annual Cybersecurity Summit in Washington, DC, Commerce Department Secretary Penny Pritzker conceded that “the federal government...more
Community Health Systems, Inc. (the “Company”), one of the largest hospital organizations in the country, announced via a public filing (Form 8K) made yesterday with the Securities and Exchange Commission (“Report”) that the...more
In a recent panel discussion, one of the speakers was a so-called "ethical hacker" - a hacker-turned-protector of employers' confidential information. As someone at the forefront of cyberattacks, the ethical hacker's opinion...more