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Personally Identifiable Information Safe Harbors

Foley & Lardner LLP

State Data Breach Notification Laws - September 2022

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While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Sheppard Mullin Richter & Hampton LLP

A COPPA First: Safe Harbor Program Removed From Approved List

The FTC recently announced the removal of Aristotle International, Inc. from the list of seven approved safe harbor programs under the Children’s Online Privacy Protection Act. Programs that are approved by the FTC must place...more

Robinson+Cole Data Privacy + Security Insider

FTC Takes Aristotle International Off the COPPA Safe Harbor List

In an unusual but significant move, on August 4, 2021, the Federal Trade Commission (FTC) removed Aristotle International from the Children’s Online Privacy Protection Act (COPPA) Safe Harbor List. ...more

Lowenstein Sandler LLP

States’ Safe Harbor Defense For Data Security Breaches Signals Possible Trend

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We are now seeing a potential trend where states are incentivizing companies through the creation of safe harbors to improve their cybersecurity posture, instead of penalizing them after a breach of personal information. Utah...more

Foley & Lardner LLP

State Data Breach Notification Laws - September 2020

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While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Akin Gump Strauss Hauer & Feld LLP

House Democrat Introduces Legislation to Strengthen Children’s Online Privacy

On January 30, Rep. Kathy Castor (D-FL) introduced H.R. 5703, the Protecting the Information of our Vulnerable Children and Youth Act (Kids PRIVCY Act) that would expand requirements under the Children’s Online Privacy...more

White & Case LLP

EU Data Transfer Restrictions – No changes for now

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The Court of Justice of the EU ("CJEU") is currently hearing a challenge against the validity of two key mechanisms that businesses use to transfer personal data internationally. In a move that will come as a relief to...more

Akin Gump Strauss Hauer & Feld LLP

Summary of FTC COPPA Workshop – Key Issues and Takeaways

On October 7, the Federal Trade Commission (FTC or the “Commission”) brought together privacy and technology stakeholders for a public workshop aimed at informing updates to regulations promulgated under the Children’s Online...more

Fenwick & West LLP

Think You Don’t Have to Worry About Kids’ Privacy? Grow Up! Five Practical Tips for Reducing Your Risk

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The first months of 2019 have seen several key developments in the world of children’s privacy. There have been major enforcement actions, new legislative proposals, and new best practices and guidance issued, both in the...more

Steptoe & Johnson PLLC

A New Year and a New Approach to State Data Breach Legislation

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WHAT YOU NEED TO KNOW: Ohio is taking a unique approach to addressing data breaches by offering businesses meeting certain requirements with a safe harbor against lawsuits following a data breach. Specifically, the act...more

Akin Gump Strauss Hauer & Feld LLP

Summary of Riverside and Los Angeles AGO Public Forums on CCPA-Related Regulations

The 2018 California Consumer Privacy Act (CCPA) requires the California Attorney General’s Office (AGO) to promulgate regulations related to the CCPA by July 1, 2020. The AGO is holding a series of public forums and accepting...more

Locke Lord LLP

New Data Security Law Offers Safe Harbor; May Signal New Trend

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Click Here for PDF A first-of-its-kind data security law, the recently enacted Ohio Data Protection Act may signal the beginning of a new trend in the legal approach to corporate cybersecurity obligations. At the same time,...more

White and Williams LLP

Pennsylvania Supreme Court Holds Employers Have Duty to Protect Employee Data from Cyberattacks

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As much of the country’s workforce traveled on Wednesday for the Thanksgiving holiday, the Supreme Court of Pennsylvania issued a decision that some may view as a turkey: under Pennsylvania law, employers have an independent...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - September 2018 #3

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Schneider Electric recently issued a consumer warning that it mistakenly shipped to its customers USB drives that were infected with malware. Schneider Electric stated in its alert that “Schneider Electric has determined that...more

Alston & Bird

Ohio Enacts Cybersecurity Safe Harbor Law

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Ohio recently enacted the Ohio Data Protection Act (2018 SB 220), a law that offers a breach litigation safe harbor to businesses meeting specific cybersecurity standards. While the law does not prevent a plaintiff from...more

Fisher Phillips

“Job Killer” Data Breach Litigation Bill Barely Passes California Senate

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Since my last blog post about SB 1121, the California Senate voted to send SB 1121 to the state Assembly. The on May 30 vote was very close, 22-13, only one above the 21-vote threshold for passing the bill and strictly along...more

K&L Gates LLP

K&L Gates Triage: Ride Sharing and Health Care Regulatory Considerations

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Transportation is often cited as one of the top barriers to health care for individuals in the United States. To reduce this burden and increase access to care, many health care providers are now partnering with ride-sharing...more

Ervin Cohen & Jessup LLP

“GDPR” Is Coming: The General Data Protection Regulation

Editor’s Note: Strictly speaking, this blog post isn’t really about human resources management or employment law. But it might be; the GDPR is vaguely written and it is not at all clear how it will be applied in relation to...more

White and Williams LLP

Cyber Law: Pennsylvania Supreme Court Watch

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The body of cybersecurity case law continues to grow. On April 10, 2018, the Pennsylvania Supreme Court is set to hear arguments regarding employers’ liability for data breaches in Dittman v. UPMC....more

Mintz - Privacy & Cybersecurity Viewpoints

Alabama Becomes 50th State to Enact Data Breach Notification Law

Alabama has joined the “crazy quilt” of state data breach notification laws with the governor’s signature of the Alabama Data Breach Notification Act of 2018. Things to take note of under the Alabama law...more

Ballard Spahr LLP

FTC Explains Evolution of COPPA in Live Twitter Chat

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On March 6, 2018, the FTC hosted a live Twitter chat to mark the twentieth anniversary of the Children’s Online Privacy Protection Act (COPPA)....more

Patterson Belknap Webb & Tyler LLP

Part Two: In-Depth Look at New York’s New Data Security Bill

Second in a two-part series. Last week, in the first part of this series, we examined several key aspects of New York’s proposed data security law, Stop Hacks and Improve Data Security Act or SHIELD Act. In our second and...more

Fisher Phillips

New York Introduces New Data Protection Legislation

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Citing a sixty percent increase in data breach notifications from 2015 to 2016, New York Attorney General Eric Schneiderman recently introduced the Stop Hacks and Improve Data Electronic Security Act (SHIELD) bill. The...more

Patterson Belknap Webb & Tyler LLP

A Call to Action: New York Becomes a National Force in Data Security

New York is emerging as the nation’s de facto top data security regulator. Earlier this year, the state’s powerful Department of Financial Services implemented its tough cybersecurity regulation covering banks and...more

Butler Snow LLP

Tennessee Legislature Amends (Again) Its Data Breach Laws

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As I blogged about here, last year the Tennessee legislature amended its data breach laws to become the first state in the U.S. to remove the encryption safe harbor from its definition of a data breach, which required notice...more

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