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Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more

SEC Gives Finality on Cybersecurity Disclosures for Public Companies

The SEC has now finalized its much anticipated rules for public companies’ cybersecurity disclosures. The final rules, published this month, require disclosure of certain cybersecurity incidents much sooner than under many...more

HHS Releases Cybersecurity Guide

The US Department of Health and Human Services recently updated its guide to help the private and public healthcare sectors develop cybersecurity protocols that address NIST’s Framework for Improving Critical Infrastructure...more

72 hours: The NCUA’s New Cyber Incident Reporting Requirement

Three days. Starting September 1, 2023, that is all federally insured credit unions will have to report cyber incidents. The rule, approved on February 16, 2023, broadly defines cyber incident to include any incident that...more

FTC Action Against Drizly and CEO Provides Insight Into Its Security Expectations

The FTC recently took action against the online alcohol marketplace company Drizly and its CEO for alleged security failures. The case arose from a 2018 data breach which was caused – according to the FTC – by poor security...more

UK ICO and NCSC Issues Caution About Making Ransomware Payments

In a recent letter to the UK law society, the UK Information Commissioner’s Office and the National Cyber Security Centre have provided lawyers with advice about ransomware payments...more

SEC Fine Highlights Importance of Cybersecurity Disclosures

The SEC recently announced a settlement with Pearson plc where the company has agreed to pay $1 million to settle charges that it misled investors about a 2018 cyber incident. According to the order, Pearson made misleading...more

NYDFS Issues Ransomware Guidance

The New York State Department of Financial Services recently announced new guidance addressing ransomware attacks, and highlighting cybersecurity measures to significantly reduce the risk of an attack. The guidance comes as...more

NYDFS Issues Supply Chain Management Guidance

The New York State Department of Financial Services recently issued recommendations to financial institutions in the aftermath of the SolarWinds cyberattack. In that attack, hackers inserted malware into SolarWinds software...more

Update on the State of Privacy Law in China

China is continuing to move forward with its first comprehensive privacy law. China recently issued a second version of the draft Personal Information Protection Law (Draft PIPL) which will be open for public comments until...more

Nota Bene Episode 114: The New Global Business of Cyberattack, from Ransomware to a Now-Ubiquitous State of Breach with Kari... [Audio]

Cyberattacks have become big business, from the standpoint of both the attackers and attorneys pursuing liability compensation from corporate attack victims. Threat actors range well beyond hacker cults of old, now including...more

Managing the World of Cybersecurity in a New Era

Cyberattacks have become big business from the standpoint of attackers. Threat actors range well beyond cults of old, and now including sophisticated state actors, large businesses organized for the very purpose of cyber...more

Privacy and Data Protection Enactment and Enforcement Timelines During COVID-19

During COVID-19, in certain areas of the law, we have seen significant flexibility from regulators and government agencies in how they are addressing typical approval processes and/or compliance requirements. In the context...more

New European Data Protection Board Guidance on Data Protection by Design and by Default

The European Data Protection Board recently requested comments on its data protection “by design and default” guidelines. Comments are due by mid-January of next year. The Guidelines provide clarity about how to address...more

Maryland Adds Insurance Commissioner to Breach Notification Requirements

Effective October 1, 2019, organizations providing health insurance and related services must notify the Maryland Insurance Administration as part of its breach notification requirements. In August 2019, the Maryland...more

New York SHIELD Act Expands Breach Notice Requirements Starting in October

As we recently reported, New York’s new SHIELD Act contains data security provisions. It also contains a number of key changes to New York’s existing breach notification obligations. These changes will become effective...more

Preparing for New York’s New Data Security Requirements

New York recently passed the SHIELD Act, which, among other things, newly establishes data security requirements for companies that collect private information about New York residents. The data security protections required...more

Bombas Settles with NYAG Over Credit Card Data Breach

Modern sock maker, Bombas, recently settled with New York over a credit card breach, agreeing to pay $65,000 in penalties. According to the NYAG, malicious code was injected into Bombas’ Magento ecommerce platform in 2014...more

SEC To Focus on Cybersecurity in 2019

For the fourth year running, the Securities and Exchange Commission’s Office continues to list cybersecurity as one of the top enforcement priorities for 2019. As it relates to cybersecurity, the SEC will be focusing on...more

Happy First Day of Spring! Ohio Insurance Law Effective Today

Ohio recently followed South Carolina as the second state to adopt cybersecurity legislation modeled after the NAIC’s Insurance Data Security Model Law. The Ohio law, Senate Bill 273, applies to insurers authorized to do...more

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