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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
Earlier this year, Governor Josh Shapiro signed amendments to Pennsylvania’s Breach of Personal Information Notification Act (BPINA) into law, which go into effect on September 26. As part of the implementation of these...more
In the privacy world, confidential information relating to the nature, amount, or use of telecommunications services has always been subject to separate rules from other types of customer data. Prior to the advent of...more
Like most healthcare entities, Indiana’s Trinity Health collects, stores, maintains and uses a large volume of particularly sensitive information about patients and others, including Personally Identifiable Information (PII)...more
Indiana has amended its breach notification law to require entities to notify individuals “without unreasonable delay, but not more than forty-five (45) days after the discovery of the breach.” It clarifies that a delay is...more
As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to...more
Has your business considered what obligations you would have to notify people in the event of a cyber-attack that compromises some or all of your IT systems? Have you cataloged all the data you collect and where it is stored...more
Over the last several months, a minority of states amended their data breach notification statutes or enacted sector-specific breach notification requirements. ...more
As the onslaught of data breaches and ransomware attacks continues, state governments are grappling with ways to bolster the impact and reach of breach notification laws. All fifty states, Puerto Rico, Guam, the Virgin...more
In mid-March, Utah Governor Spencer Cox signed into law the Cybersecurity Affirmative Defense Act (HB80) (“the Act”), an amendment to Utah’s data breach notification law, creating several affirmative defenses for persons...more
Keypoint: New Utah law creates incentive for businesses to develop and implement a written cybersecurity program to protect themselves against data breach lawsuits. On March 11, 2021, Utah governor Spencer Cox signed the...more
If someone accessed your business’s computer systems without your authorization, did you suffer a data breach under Colorado law? Answering this question correctly is critical, because getting it wrong can expose you to...more
On September 15, 2020, the New York Attorney General (NYAG) reached a Consent and Stipulation Agreement (the “Agreement”) with Dunkin’ Brand’s Inc. a year after filing a lawsuit over the company’s response to cyberattacks in...more
Privacy and security continue to be at the forefront for legislatures across the nation, despite (or perhaps because of) the COVID-19 pandemic. In late May, with back-to-back amendments, Washington D.C. and Vermont...more
Intellectual Property Co-chair Amy Goldsmith and Co-Founder & Managing Partner at AcceleratingCFO Brian Califano join Litigation Partner and host Rich Schoenstein to chat about “The Requirements of the SHIELD Act and Other...more
This week, I received a breach notification letter from a large financial institution stating that my personal information, including my name, Social Security number, account name and number, contact information, date of...more
Effective as of March 21, 2020, New York State’s Stop Hacks and Improve Electronic Data Security Act (SHIELD Act)requires that nearly all businesses, regardless of where they are based, take affirmative steps to protect...more
States continue to enhance and expand their breach notification requirements, increasing the scope of breaches that require notice as well as the complexity of compliance. Four jurisdictions—Vermont, the District of Columbia,...more
Vermont recently amended its data breach notification law. The changes will go into effect July 1, 2020. As amended, the definition of “personal information” now includes the following when combined with a consumer’s first...more
Certain provisions of the New York Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) recently took effect in the state of New York. The act was signed into law by the governor in July 2019, and its data breach...more
At the end of March, Washington, D.C. signed the Security Breach Protection Amendment Act of 2019, which adds some significant changes to D.C.’s existing data breach law, first enacted in 2007. The law is projected to take...more
One of the major changes introduced by the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, which was signed into New York law last year, is scheduled to take effect this week. ...more