Data Breach Bill Applicable To Reinsurers Heads To Floor Of Us House Of Representatives

Carlton Fields
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The “Consumer Information Notification Requirement Act” (H.R. 6743) was passed out of the House of Representatives Committee on Financial Services one week after being introduced and is now headed to the floor for consideration by the full chamber. The bill, which amends the Gramm-Leach-Bliley Act to provide a national standard for financial institution data security and breach notification, expressly applies to reinsurers. The bill, however, does not in its current form address its application to reinsurers domiciled outside the United States. It requires reinsurers to provide a “breach notice” to the state insurance authority of the reinsurer’s domicile state “in the event of unauthorized access that is reasonably likely to result in identity theft, fraud, or economic loss.” The bill also requires the state insurance authority of the reinsurer’s domicile to enforce standards related to data security safeguards. The bill preempts states from enacting any data protection-related requirements for insurers that are in addition to or different from those described in the bill. The bill is opposed by the NAIC, among others. We will track the progress of this bill and post on any further legislative action. H.R. 6743, “Consumer Information Notification Requirement Act.”

 

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