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Report on Patient Privacy 21, no. 2 (February 2021) - The Florida Healthy Kids Corporation (FHKC), a Medicaid managed care plan, said one of its vendors, Jelly Bean Communications Design, experienced a security incident...more
On July 25, 2019, New York governor Andrew Cuomo signed into law two bills aimed at increasing the obligations of entities handling computerized private data. The Stop Hacks and Improve Electronic Data Security Act (SHIELD...more
In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more
A few weeks ago, Texas signed into law an amendment to its data breach law, capping off a busy first half of 2019 for state lawmakers in this arena. As we gear up for the second half of 2019, we thought a recap was...more
Early last year, I posted about tougher, bi-partisan privacy and data security legislation in the works in North Carolina. North Carolina State Representative Jason Saine (R), Senior Appropriations Chair, teamed-up with North...more
On April 16, 2019, Representatives Saine, Jones and Reives introduced House Bill 904, the long anticipated amendments to the North Carolina Identity Theft Protection Act, N.C. Gen. Stat. § 75-61 et seq.. We first wrote about...more
An amendment to New Jersey’s data breach notification requirements of the Consumer Fraud Act is currently awaiting signature by State Governor Phil Murphy. The bill, Assembly No. 3245, was recently passed by both the New...more
We have frequently reported about how devastating and widespread tax fraud is in the U.S.—in the past affecting hundreds of thousands of U.S. tax payers. Income tax preparers are at risk for cyber intrusions because they hold...more
Data privacy regulation tends to take one of two general approaches. In most of the world—but not in the United States—the approach is usually characterized as “omnibus.” Under an omnibus regime, privacy rights are defined at...more
Power Company Fined for Contractor Copying Data to its Own Insecure Network - Vendor management continues to be a problem for all industries, but some are scarier than others. The North American Electric Reliability Corp....more
In this month's edition of our Privacy & Cybersecurity Update, we examine the Identity Theft Research Center's findings on data breaches in 2017, the U.S. Supreme Court's denial of certiorari that leaves in place the circuit...more
Seyfarth Synopsis: Employers have been scammed into sending sensitive W-2 information to malicious third parties. This article outlines the key steps California employers must immediately take if subject to this unfortunate...more
The year was 2005. The iPhone was still two years away. Facebook was still a niche product. Tweeting was a birds-only activity. And North Carolina was one of the first states in the union to enact a data breach notification...more
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
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 is the second in a two-part series addressing recent developments in state privacy and data security laws. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security...more
Security breach notification obligations vary by state, including how a security breach is defined, the method for providing notice of the breach, and any requirements to notify state regulators. The following summarizes...more
Rhode Island recently amended its 10-year-old Identity Theft Protection Act effective June 26, 2016, further defining and refining existing data security and breach notification requirements, and adding a requirement to...more
Cyber data breaches affect individuals, businesses, and the government. Tens of millions of Americans are affected by data breaches every year. In 2014, CNN estimated that 47% of U.S. adults in the U.S. had their personal...more