New York has updated its breach notification and data security law, expanding the definition of a data breach and imposing detailed reasonable security requirements, among other changes. The amendment also adds a number of new data elements to the definition of “private information.” On July 25, 2019, Governor Cuomo signed S5575B, with the breach notification amendments...

Read More →

Following a yearlong investigation triggered in part by the Cambridge Analytica incident, the Federal Trade Commission (FTC) has announced a much anticipated settlement with Facebook, Inc. The Commission determined that the company violated its existing 2012 FTC Order by “deceiving users about their ability to control the privacy of their personal information.” The settlement imposes a record-breaking $5...

Read More →

The California Consumer Privacy Act (“CCPA”) goes into effect on January 1, 2020, but the contours of the law are still being ironed out. Following a marathon debate at a California Senate Judiciary Committee Hearing, the scope of these potential legislative changes is coming into focus. While certain bills amending the CCPA advanced without modification,...

Read More →

Hawai’i Governor David Ige (D) has vetoed HB702 HD1 SD2, which would have restricted the sale of certain location information. The governor explained that the “lack of clarity in this bill as currently drafted will lead to ambiguity, confusion, and unintended consequences should it become law.” He’s right. The legislation read as follows: “No person shall sell or offer...

Read More →

Tricky Topics in CCPA Compliance

June 10, 2019 | 0 Comments

At the time of the writing of this article, the final language of the California Consumer Privacy Act (“CCPA”) is yet to be determined. Nevertheless, given the effective date of the statute, as well as the requirement to provide California consumers with access to their personal information (“Personal Information” as defined by the CCPA) for...

Read More →

The Department of Health and Human Services (“HHS”) may have signaled its interest in pursuing more enforcement actions against business associates. On May 24, 2019, the HHS Office for Civil Rights (“OCR”), released a fact sheet on the direct liability of business associates under the Health Insurance Portability and Accountability Act (“HIPAA”). The day before releasing its new fact...

Read More →

In the year since the General Data Protection Regulation (“GDPR”) went into effect on May 25, 2018, companies worldwide have been adapting to the new privacy rules—and EU regulators have also been busy adjusting to the new regime, handling an influx of data subject complaints, issuing guidelines and opinions, conducting investigations, and bringing enforcement actions for violations...

Read More →

Arkansas has updated its breach notification law to expand the definition of “personal information” and to require notifying the Arkansas Attorney General when a breach involves more than 1,000 individuals’ personal information. On April 15, 2019, Governor Asa Hutchinson signed HB 1943, and the amendments go into effect on July 23, 2019.  Personal Information The amendments add...

Read More →

On May 7, 2019, Governor Jay Inslee signed a bill (HB 1071) that strengthens the state’s existing data breach notification law by expanding the definition of “personal information” and reducing the time an entity has to disclose a breach to consumers and the Attorney General from 45 to 30 days. These proposed amendments are consistent with...

Read More →

The Department of Health and Human Services (“HHS”) recently issued a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties (“CMPs”) in which it lowered the maximum annual fines that can be assessed against covered entities and business associates under the Health Insurance Portability and Accountability Act (“HIPAA”) for lower-level categories of violations. The annual limit for...

Read More →