News & Analysis as of

State Data Breach Notification Statutes

Mitchell, Williams, Selig, Gates & Woodyard,...

Did 2018 Set In Motion Privacy Regulation in the U.S. Landscape? Let's Review

Privacy and data security is constantly evolving and 2018 presented no exception. Let’s take a look back at some of the highlights of this year. Cambridge Analytica (March 2018): Facebook announced that Cambridge Analytica...more

Newmeyer & Dillion LLP

What to do When the Worst Happens: Responding to a Cybersecurity Breach

by Newmeyer & Dillion LLP on

Cybersecurity is a growing concern for today’s businesses. While it’s always advisable to take whatever action possible to avoid a cybersecurity breach, no security measures can be one hundred percent perfect, and malicious...more

Sheppard Mullin Richter & Hampton LLP

Ohio Gives Breach Safe Harbor for Companies with Written Data Security Program

Effective November 2, 2018, companies that suffer a breach may have certain defenses in Ohio if they have a written cybersecurity program in place. Under this new law, companies can use as an affirmative defense the existence...more

Alston & Bird

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – October 2018

by Alston & Bird on

Features - International Updates (Excluding the EU) - India’s Draft Data Protection Bill: Another GDPR Around the Corner? India recently introduced the Personal Data Protection Bill 2018. ...more

Weiner Brodsky Kider PC

Major Ride-Sharing Company Settles with States over 2016 Data Breach

by Weiner Brodsky Kider PC on

A major ride-sharing company reached an agreement with the attorneys general of all 50 states and the District of Columbia to pay $148 million and tighten its data security in order to settle all legal inquiries regarding its...more

Ropes & Gray LLP

Fifty State Attorneys General Reach Settlement over Cyber-Incident Disclosure

by Ropes & Gray LLP on

Uber Technologies, Inc. has reached a settlement with the attorneys general for all fifty states and the District of Columbia regarding allegations that Uber had violated state data breach notification statutes and consumer...more

Jones Day

Ohio Adopts Safe Harbor for Businesses Involved in Data Breach

by Jones Day on

The Situation: On August 3, 2018, Ohio Governor John Kasich signed Senate Bill 220, the Ohio Data Protection Act ("Ohio DPA"), which provides a safe harbor against data breach lawsuits for businesses that implement and...more

Bryan Cave Leighton Paisner

Data Breach Notification Laws

by Bryan Cave Leighton Paisner 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, 48 states, plus the District of Columbia,...more

Foley & Lardner LLP

Uber Enters Into $148M Nationwide Settlement for Concealing 2016 Data Breach

by Foley & Lardner LLP on

On September 26, 2018, a record settlement was reached between Uber and the attorneys general of all 50 states and the District of Columbia over the company’s 2016 data breach. While this case presents an extreme example of...more

Buchalter

California Consumer Privacy Act

by Buchalter on

California recently enacted the California Consumer Privacy Act (“CCPA”) which calls for companies to fundamentally change certain practices relating to the collection and use of personal information. Similar to the European...more

BakerHostetler

Navigating the State Data Breach Laws? An Enhanced Resource is Available

by BakerHostetler on

In large security incidents, the differences among state breach notification laws usually do not come into play. In smaller matters, where individuals in only a few states are potentially affected, the differences sometimes...more

Dechert LLP

California Consumer Privacy Act: Potential Impact and Key Takeaways

by Dechert LLP on

The California legislature unanimously approved and California Governor Jerry Brown signed into law the California Consumer Privacy Act of 2018 (CCPA) on June 28, 2018. The CCPA is arguably the most far-reaching data...more

CloudNine

California’s AG is Not Happy with the State’s New Consumer Privacy Act: Data Privacy Trends

by CloudNine on

As I noted a couple of months ago, 2018 is certainly on its way to becoming the year of data privacy rights for the individual. And, back in June, the California Consumer Privacy Act of 2018 was approved unanimously by the...more

Stinson Leonard Street

Financial Institutions' Consumer Data Exposed in Web Platform Vulnerability

by Stinson Leonard Street on

Banks and other financial institutions rely on a relatively small number of core service providers to process customer personal and financial information. The National Association of Federally-Insured Credit Unions (NAFCU)...more

Orrick - Trust Anchor

Did California Open (Another) Floodgate for Breach Litigation?

by Orrick - Trust Anchor on

Game-changing Calif. Consumer Privacy Act of 2018 puts statutory breach damages on the table - The recently-enacted California Consumer Privacy Act of 2018 is a game-changer in a number of respects. The Act imports...more

Weiner Brodsky Kider PC

Ohio Enacts Cybersecurity Safe Harbor

by Weiner Brodsky Kider PC on

Ohio recently established a cyber-breach safe harbor, providing an affirmative defense to civil liability for covered entities that implement written cybersecurity plans that satisfy the law’s requirements....more

Bass, Berry & Sims PLC

California Consumer Privacy Act of 2018

by Bass, Berry & Sims PLC on

California recently passed and signed into law a privacy bill that provides California consumers with data protections that share key features with the European Union's GDPR. While not nearly as strict or extensive as the...more

Bennett Jones LLP

New 2018 Cost of Data Breaches Study Released

by Bennett Jones LLP on

An important resource for those who study the impact of data breaches is updated for 2018. The 2018 Cost of Data Breach Study: A Global Overview was released by Ponemon Institute, LLC....more

Bryan Cave Leighton Paisner

Defining Personal Information

by Bryan Cave Leighton Paisner on

The terms “personal information,” “personal data,” “personally identifiable information,” and “PII” are often left undefined in contracts and treated as if they were terms of art for which there was a single definition....more

Locke Lord LLP

State Legislative Action on Data Breach Laws

by Locke Lord LLP on

The changes keep coming! In 2018, state legislatures have been active in enacting and amending data breach notification laws. With Alabama’s recent enactment, all 50 states now have data breach notification laws....more

Akin Gump Strauss Hauer & Feld LLP

Five New Requirements Under New York DFS Cybersecurity Regulation Go Into Effect on September 1, 2018

On September 1, 2018, five new requirements included in the New York State Department of Financial Services’ (DFS) Cybersecurity Regulation go into effect – (1) audit trails, (2) application security, (3) data disposal...more

Snell & Wilmer

The Arizona Data Breach Law

by Snell & Wilmer on

All U.S states have laws about data security and what to do when there’s a data breach. Here is what’s in the Arizona law. Who The Law Applies To. The law applies to anyone who conducts business in Arizona and who owns or...more

Williams Mullen

Virginia Adds Improper Tax Return Access to Data Breach Notification Laws

by Williams Mullen on

Virginia’s data breach notification laws have been expanded to include improper access to individual tax returns. Va. Code Ann. § 58.1-341.2, effective July 1, 2018, provides that income tax return preparers who prepare...more

McGuireWoods LLP

Updates to State Data Breach Laws

by McGuireWoods LLP on

Personal information has become the prey of relentless poachers. In light of the influx of data breaches, state legislatures are taking action. Not surprisingly, now every state has enacted data breach notification laws,...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
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  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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