News & Analysis as of

Data Breach Data Protection Regulatory Requirements

Health Care Compliance Association (HCCA)

2nd Settlement Triggered by 2017 Ransomware Attack Costs WA Practice $100K; ‘Not a Breach’

Let’s review for a moment. It’s not a HIPAA violation to be a victim of ransomware. It’s not a HIPAA violation to pay a ransom. It’s up to the covered entity (CE) to determine if a security or privacy incident is a...more

Wiley Rein LLP

[Webinar] Best Practices in Cyber Preparedness - October 23rd, 12:00 pm - 1:00 pm EDT

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We invite you to join us for an insightful webinar on Best Practices in Cyber Preparedness for Government Contractors and Critical Infrastructure Operators on Wednesday, October 23, 2024, from 12:00 p.m. – 1:00 p.m. EDT....more

Wyrick Robbins Yates & Ponton LLP

Maybe Not Practical After All: HUD Proposes Revised Cyber Incident Reporting Requirement for FHA-Approved Mortgagees

As we discussed in a recent post, earlier this year the U.S. Department of Housing and Urban Development (“HUD”) issued Mortgagee Letter 2024-10, which imposed a new requirement on all FHA-approved mortgagees to report...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Keeping Up With and Staying Ahead of FCC Actions on Data Privacy and Security - October 22nd, 12:00 pm - 1:00 pm EDT

Carriers have an obligation to protect customer proprietary network information (CPNI) and personally identifiable information (PI). Several recent FCC consent decrees resolving breaches of CPNI and PI show the FCC will hold...more

Health Care Compliance Association (HCCA)

‘I Will Not Rest’; ‘I Am All In’: Remarkable Breach Hearing Sees Pledges by UHG CEO, Sen. Wyden

United Healthcare Group (UHG) CEO Andrew Witty was in a board meeting on Feb. 21 when officials interrupted with the news that Change Healthcare—a clearinghouse UHG subsidiary Optum had purchased for $1.3 billion in October...more

Mayer Brown

ANPD Approves Data Breach Notifying Regulation

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Resolution No. 15, of April 24, 2024, of the Brazilian Data Protection Authority ("ANPD"), approved the Data Breach Notifying Regulation (the “Regulation”). The Regulation establishes procedures for data controllers to notify...more

Hinckley Allen

Connecticut Attorney General Issues Report on Data Privacy Act Enforcement; Offers Legislative Recommendations

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On February 1, 2024, the Connecticut Office of the Attorney General (the “OAG”) issued a report mandated by the Connecticut Data Privacy Act (the “CTDPA”), Conn. Gen. Stat. § 42-515 et seq. (the “Report”), which Report is...more

Foley Hoag LLP - State AG Insights

State Attorneys General Take Action on Artificial Intelligence

The evolving use of artificial intelligence (AI) across different industries has thrust states into a difficult and rapidly developing regulatory arena. State Attorneys General have and will continue to play an essential role...more

Mayer Brown

EDPB Provides Guidance On Determining A 'Main Establishment' And The 'One-Stop-Shop' Mechanism

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The opinion was issued in response to a request by the French Data Protection Authority and provides guidance on the conditions for determining a controller's main establishment where that controller has establishments in...more

Troutman Pepper

That’s a Wrap…or Not? Regulatory Data Incident Investigation Resolutions and the Path Forward

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As we discussed in part three of this series, “Navigating the Complexities of Regulatory Data Incident Investigations,” when an organization is the subject of regulatory data incident investigations, it must navigate a...more

Pillsbury - Propel

Privacy Breach: The Silent Killer of Startups

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A privacy breach can have detrimental consequences for startups:  A privacy breach may trigger legal consequences and regulatory scrutiny, especially for a startup that operates in areas with stringent data protection laws...more

Akerman LLP - Health Law Rx

OCR Will Focus on You if You Don’t Focus on Cybersecurity

With a couple of “firsts,” the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is signaling that it is cracking down on healthcare organizations that fail to identify and address cybersecurity...more

Integreon

Top Five Considerations When Responding to a Cyber Breach

Integreon on

When a cyber breach occurs, cooler heads need to prevail.  This can be a highly emotional and stressful occurrence.  Being prepared and having a clear plan of action will help you stay focused, meet your compliance...more

Polsinelli

FTC Adopts Data Breach Notification Obligations for Non-Banking Financial Institutions

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On October 27, 2023, the Federal Trade Commission (“FTC”) adopted an amendment to the FTC’s Safeguards Rule that will require non-banking financial institutions to notify the FTC within thirty days of discovering a data...more

Thomas Fox - Compliance Evangelist

SEC, Solar Winds and Compliance

The recent SEC lawsuit against SolarWinds Corp and its CISO, Tim Brown, following the 2020 data breach, has brought the issue of executive liability in cybersecurity disclosures to the forefront. This case sheds light on the...more

Robinson+Cole Data Privacy + Security Insider

SEC Hits SolarWinds and CISO with Investor Fraud Suit Over Cybersecurity

In a first, bold move by the Securities and Exchange Commission (SEC) following its new Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure by Public Companies, issued on July 26, 2023, this...more

The Volkov Law Group

SEC Sues SolarWinds and its CISO for Fraud Over Botched Data Breach Response, Marking New Era in Cyber Enforcement

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The U.S. Securities and Exchange Commission has a message for publicly-traded companies that suffer a data breach: own up. On Monday, the SEC sued Texas-based SolarWinds––and its Chief Information Security Officer...more

Tenace

What to Do After a Data Breach: Surviving the First 24 Hours

Tenace on

Today data breaches are a costly and ever-present danger for businesses in both the public and private sector. Each year, the total number of reported breaches grows 5-10% over the previous year, with over 22 billion records...more

Stikeman Elliott LLP

Responding to Personal Information Breaches in Québec: 5 Common Misconceptions

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With the first wave of amendments to Québec’s An Act Respecting the Protection of Personal Information in the Private Sector (“PPIPS”) having taken effect just over a month ago, we thought we would share some misconceptions...more

Polsinelli

Federal Banking Regulators Issue New Guidance for Complying with 36 Hour Cybersecurity Incident Reporting Requirement

Polsinelli on

On March 29, 2022, federal banking regulators issued important guidance for how banking organizations can comply with the upcoming requirement to notify regulators within 36 hours of ransomware or other disruptive...more

Robinson+Cole Data Privacy + Security Insider

Indiana Amends Breach Notification Law to Require Notification Within 45 Days

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

Jenner & Block

The Cyber Incident Reporting for Critical Infrastructure Act of 2022

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On March 15, 2022, President Biden signed into law the “Cyber Incident Reporting for Critical Infrastructure Act of 2022” (the Act) as part of the 2022 federal funding bill. Among other things, the Act requires critical...more

Mayer Brown Free Writings + Perspectives

SEC Proposes Amendments That Would Place New Cybersecurity Reporting and Disclosure Requirements on Public Companies

On March 9, 2022, the US Securities and Exchange Commission (SEC) voted 3-1 to propose new rules and amendments under the Securities Exchange Act of 1934 that would constitute the SEC’s first attempt to adopt specific rules...more

BCLP

Part 3 of 5: the PIPL and the Personal Information Security Specification

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In Part 2 of this series, we discussed how the Personal Information Protection Law (“PIPL”), the centerpiece of China’s personal information (“PI”) protection law, needs to be read in conjunction with other relevant laws,...more

Wyrick Robbins Yates & Ponton LLP

5 Key Takeaways from the EDPB’s Final Guidelines on Examples Regarding Personal Data Breach Notification

Following a public consultation on an initial version released last January, the European Data Protection Board (“EDPB”) last month adopted a final version of its Guidelines on Examples regarding Personal Data Breach...more

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