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NY Governor Signs Data Breach Security Law

As anticipated, today New York’s governor signed into law the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) discussed in our recap of US data breach laws enacted in the first half of 2019. The bill passed the state senate by a margin of 41 – 21. The law updates the body of law governing data breaches in New York by increasing the scope of information subject to current data breach notification laws and expanding notification requirements.

US Data Breach and Privacy 2019 Legislative Recap

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 worthwhile.  The legislation reflects a number of trends, including increasing obligations on consumer reporting agencies (CRAs) to protect consumers (no doubt in part a reaction to the Equifax breach), and updating data breach notice and reporting to provide more transparency and more information to consumers to protect their data, and to update older laws to address ...

North Carolina Amendments to Data Breach Law Finally Introduced

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 the proposed legislation in February 2018 [Two Proposed Data Security Laws Reflect National Trend Toward Affirmative Responsibilities]. The bill also amends the definition of identifying information in North Carolina’s criminal identity theft statute, N.C. Gen. Stat. § 14-113.20(b), adopted by reference in the Identity Theft Protection Act’s ...

Washington State Legislature Moves Toward Passage of Broad Consumer Data Privacy Law

Following in the footsteps of California, and the European Union’s General Data Protection Regulation, the State of Washington is taking steps to adopt a comprehensive privacy law focused on protecting consumer information. SB 5376, better known as the Washington Privacy Act, passed in the Washington State Senate on March 6, 2019 by a vote of 46 to 1 and had a public hearing in the Washington State House Committee on Innovation, Technology & Economic Development on March 22, 2019.

The bill has also received support from Microsoft General Counsel and former U.S. FTC Commissioner ...

Illinois Supreme Court Rules on Biometric Privacy Case

Today, the Illinois Supreme Court unanimously held that actual harm was not a necessary component of proving a breach of the state’s Biometric Information Privacy Act.  This ruling found that Stacy Rosenbach, the mother of a minor whose thumbprint was collected by Six Flags as part of a season pass holder purchase, can be considered an “aggrieved person” under the state’s biometric privacy law without alleging that her child’s data was stolen or misused.

This decision is significant because Illinois has the nation’s only biometric privacy law with a private right of ...

SEC Issues Disclosure Guidance as Part of Continued Focus on Cybersecurity

As cybersecurity attacks have continued to gain prominence as a threat posing critical risk management and compliance challenges for financial institutions, the Securities and Exchange Commission (SEC) has emerged as an active federal regulator in this arena. In September 2017, the SEC announced creation of a Cyber Unit housed within the SEC’s Enforcement Division that targets cyber-related misconduct, including hacking to obtain material nonpublic information, intrusions into retail brokerage accounts, and cyber-related threats to trading platforms and other ...

NYS DFS September 4, 2018 Cybersecurity Compliance Deadline

Tuesday, September 4, 2018 marked the New York State Department for Financial Service’s deadline for compliance with several sections of cybersecurity regulation 23 NYCRR 500 (the “Regulation”).  The Regulation covers any organization that operates (or is required to operate) under a license, registration, charter, certificate, permit, accreditation, or similar authorization under the Banking Law (Title 3 of the NYCRR), the Insurance Law (Title 11 of the NYCRR), or the Financial Services Law (Title 23 or the NYCRR) (a “Covered Entity”).  This is the third compliance ...

Update on California Consumer Privacy Act

By Bret Buckler and Todd Taylor
Recently the state of California passed a data privacy and security law called the California Consumer Privacy Act (“CCPA”) (Assembly Bill 375, found here).

The law, which takes effect on January 1, 2020, is aimed at establishing a defined set of rights for consumers with regard to how their personal information is being collected and used.  The political push for the law comes on the heels of a contentious few months where tech giants such as Facebook have admitted to potentially problematic data breaches and oversharing of personal information ...

What’s next for Facebook?

Now that the cameras have gone, the booster cushion has been removed from the witness chair, and Mark Zuckerberg is comfortably back in in Palo Alto, having survived his marathon two-days of testimony in front of a somewhat confused Congress, what’s next? 

Regulations  

Following the revelations that a political marketing firm, Cambridge Analytica, improperly obtained personal information from approximately 87 million Facebook user profiles (including even Mark Zuckerberg’s!), Congress has more support than ever to regulate Facebook and other social media tech.  On his ...

The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data

By Tandy Mathis

On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States law enforcement to access the data stored abroad for U.S. citizens and will provide some relief to foreign law enforcement agencies to access the data of their citizens when that data is stored in the U.S..

The CLOUD Act Overhauls an Outdated Stored Communications Act (SCA) and an Overburdened Mutual Legal Assistance Treaty (MLAT) Act

At its core ...

About Data Points: Privacy & Data Security Blog

The technology and regulatory landscape is rapidly changing, thus impacting the manner in which companies across all industries operate, specifically in the ways they collect, use and secure confidential data. Moore & Van Allen’s Privacy & Data Security Group recognizes the challenges clients face in the effort to stay abreast of such volatility. “Data Points” seeks to educate by providing transparent and cutting-edge insight on the most critical issues and dynamics. Our goal is to inform business decision-makers who are navigating these waters about the information they must protect, and what to do if/when security is breached. Read About Our Practice and Meet the MVA Privacy & Data Security Team.

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