News & Analysis as of

Data Breach Personally Identifiable Information Disclosure Requirements

Holland & Knight LLP

SEC Expands Scope of Internal Accounting Controls in Cybersecurity Breach Settlement

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The SEC continues to expand its cybersecurity enforcement authority to include allegations that a company's failure to monitor its managed security service providers (MSSP) amounts to violations of federal securities laws....more

Pillsbury Winthrop Shaw Pittman LLP

FCC Updates Data Breach Notification Rules

At its December meeting, the Federal Communications Commission approved a Report and Order modifying its data protection rules. The order expands the scope of protected data to include personally identifiable information....more

Brownstein Hyatt Farber Schreck

SEC Releases Aggressive New Cybersecurity Disclosure Requirements

“Material Cybersecurity Incident” Standard Will Have a Monumental Impact on Current Cyber Disclosure Requirements - On July 26, 2023, the U.S. Securities and Exchange Commission (SEC) adopted the Cybersecurity Risk...more

The Volkov Law Group

First American Financial Corporation Settles SEC Case for $487,616 for Cybersecurity Data Breach and Disclosure Failures

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The Securities and Exchange Commission is gaining traction in the enforcement of cybersecurity and disclosure requirements.  The SEC has a lot on its plate these days – ESG, cybersecurity, and the traditional mix of...more

Patterson Belknap Webb & Tyler LLP

Recent Developments in the State Data-Privacy Landscape: Is Federal Involvement the Best Way Forward?

With a dizzying array of state privacy laws on the horizon, the prospect of a federal solution has come into sharp focus.  Rather than a patchwork of regional legislation, a comprehensive national framework would potentially...more

Robinson+Cole Data Privacy + Security Insider

Carnival Cruises Hit with Ransomware

Adding insult to injury for cruise ship company Carnival Corporation (Carnival) following the hit from the pandemic to the travel industry, as well as a class action lawsuit relating to the Diamond Princess’ fate during the...more

Saul Ewing LLP

Federal Court Erodes Work Product Protections for Data Breach Investigations

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In a recent decision, a Virginia federal magistrate judge held that the attorney work product doctrine did not protect from discovery a forensic investigation report created for Capital One in the wake of a 2019 data breach....more

Akerman LLP - Health Law Rx

Healthcare Providers Must Remember HIPAA Before Responding to Online Reviews

The latest HIPAA resolution agreement by the U.S. Department of Health and Human Services Office for Civil Rights (OCR) is a reminder that healthcare providers must take the high road when responding to unflattering online...more

Ballard Spahr LLP

OCR Announces $10,000 Settlement for Disclosure of Patients’ PHI through Social Media

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The Office for Civil Rights (OCR) at the Department of Health and Human Services announced it reached a settlement with Elite Dental Associates of Dallas (Elite) to resolve a complaint alleging Elite impermissibly disclosed a...more

Bradley Arant Boult Cummings LLP

California Consumer Privacy Act (CCPA) – Amendment Update - Cybersecurity and Privacy Alert

The dust has finally settled in the California State Legislature and the big winner for amendments to the CCPA is AB-25, which started out as carving out employees from the definition of consumer for the purpose of CCPA. The...more

Womble Bond Dickinson

CCPA Compliance: Are you Ready for PI 2.0? (5 Months to Go)

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Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

Foley Hoag LLP - Security, Privacy and the...

Move over, CCPA? New York Considers Sweeping Data Privacy Law

New York’s state legislature is considering a new data privacy law that would set the standard for data privacy in the U.S. The New York Privacy Act (the “NYPA” or the “Act”), which is currently being considered by the state...more

Holland & Knight LLP

California Consumer Privacy Act Update: Assembly Approves 12 Amendments - Changes Would Exclude Employees and Vehicle Information,...

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• California's protracted legislative and regulatory process has complicated the landscape for businesses needing to implement the operational, technical and procedural changes required by the California Consumer Privacy Act....more

Cozen O'Connor

The Value Of Quickly Disclosing A Data Breach

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One of the first questions a company must answer after it discovers and remediates a data breach is, “What do we tell our customers?” Companies may delay publicly announcing a data breach out of fear that doing so will harm...more

Coblentz Patch Duffy & Bass

The California Consumer Privacy Act Is Coming. Is Your Business Ready?

The California Consumer Privacy Act of 2018 (“CCPA”) was signed into law by Governor Jerry Brown on June 28, 2018, and goes into effect on January 1, 2020....more

Sheppard Mullin Richter & Hampton LLP

US Breach Laws Are Coming: Vermont

On January 1, 2019 Vermont’s breach notice law will include obligations specific to data brokers. A “data broker” is defined as a business that “knowingly collects and sells or licenses to third parties the brokered personal...more

Fisher Phillips

Attorneys Must Consider Ethical Obligations Associated with a Data Breach

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Most attorneys are well aware of statutory obligations that require private and governmental entities to notify individuals of data breaches that involve the loss or disclosure of personally identifiable information. An area...more

Payne & Fears

It’s No Secret: California’s New Consumer Privacy Law Goes Live in 2020 (Maybe)

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Privacy activists cheered when, on June 28, 2018, Governor Brown signed into law the strictest consumer privacy law in the United States; the California Consumer Privacy Act of 2018 (“CCPA”). Effective January 1, 2020, the...more

Hogan Lovells

California Consumer Privacy Act: The Challenge Ahead – A Comparison of 10 Key Aspects of The GDPR and The CCPA

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As the most comprehensive privacy law to be enacted in the United States thus far, the California Consumer Privacy Act (CCPA) has inevitably invited comparisons to the European Union’s General Data Protection Regulation...more

Dechert LLP

California Consumer Privacy Act: Potential Impact and Key Takeaways

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The California legislature unanimously approved and California Governor Jerry Brown signed into law the California Consumer Privacy Act of 2018 (CCPA) on June 28, 2018. The CCPA is arguably the most far-reaching data...more

Moore & Van Allen PLLC

SEC Issues Disclosure Guidance as Part of Continued Focus on Cybersecurity

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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...more

Blank Rome LLP

The FinTech Revolution: How Data Breaches Can Result in Regulatory Enforcement Actions

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This is the fifth installment in a series of articles. For more background on this topic, please read our first article in the series, An Introduction to Financial Technology; our second article, The FinTech Revolution:...more

Troutman Pepper

Are You Prepared for the California Consumer Privacy Act? Get Ready for European-Style Privacy in the U.S.

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With California enacting a sweeping new data privacy law on June 28, now is the time for companies to review and adjust to how the California Consumer Privacy Act will impact their business. The act, which has broad...more

BakerHostetler

SB-1121 Does Not Fix the CA Consumer Privacy Act, But Would Delay Enforcement

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In response to controversies concerning consumers’ personal information, such as the Facebook/Cambridge Analytica controversy, and a California ballot initiative that qualified for the November ballot and proposed the...more

Bass, Berry & Sims PLC

California Consumer Privacy Act of 2018

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California recently passed and signed into law a privacy bill that provides California consumers with data protections that share key features with the European Union's GDPR. While not nearly as strict or extensive as the...more

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