As the trend of state laws granting more privacy and greater control over personal information continues in the US, the fate of privacy bills in Washington State, Oklahoma and Florida serve as a reminder that as with any other issue, political compromise is still a necessity in order for legislation to progress. This is an … Continue Reading
Correction to the original article: First American Title Insurance Company is not associated or involved with the March 3, 2021 consent decree between Residential Mortgage and New York Department of Financial Services. In early March, the New York State Department of Financial Services (“DFS”) entered into a consent order requiring Residential Mortgage Company to pay … Continue Reading
After advancing steadily in their respective legislatures the first few months of 2021, the Oklahoma Computer Data Privacy Act has seemingly died, and the Washington Privacy Act may run into similar roadblocks it faced in prior years. After passing the Oklahoma House in early March, the Oklahoma bill grinded to a halt the first week … Continue Reading
A new privacy bill is gaining steam in the Oklahoma legislature. On March 4, the Oklahoma Computer Data Privacy Act (HB 1602) passed the state House of Representatives by a vote of 85-11. If enacted in its current form, the bill would take effect on January 1, 2023, at the same as the California Privacy … Continue Reading
The Florida state legislature is considering a sweeping data privacy bill introduced by Governor Ron DeSantis in February. House Bill 969 is the latest state provision to follow in the footsteps of the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act and the Virginia Consumer Data Protection Act, in giving consumers greater control … Continue Reading
Among the challenges presented by the increasing number of state privacy laws are identifying how consumer rights differ under each of the various laws and operationalizing a workflow for responding to rights requests that ensures compliance with each. In this post, we will focus on consumers’ “right to delete” under the California Consumer Privacy Act … Continue Reading
As expected, today Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (the “Act”) into law, though the Act will not go into effect until January 1, 2023. As a result, Virginia becomes the second state in the United States to enact a data privacy law that purports to regulate the collection, use, … Continue Reading
This article originally published on February 23, 2021, by the American Bar Association, and is republished here with permission. For more information visit www.americanbar.org. The article expands on our original report on the Virginia Consumer Data Protection Act published on February 2, 2021. In the coming days, Governor Ralph Northam is expected to sign … Continue Reading
The on-going state competition to enact comprehensive privacy legislation, triggered by the enactment of the 2018 California Consumer Privacy Act, is heating up in 2021. We recently wrote a post on the recent Virginia developments, but the Commonwealth of Virginia is not alone. New York was closely watched in privacy circles last year, as approximately … Continue Reading
Virginia may join California as the second US state to enact a comprehensive data-privacy law as soon as next week. On January 29th the Virginia House of Delegates voted 89-9 to pass HB2307 and sent the bill to the state Senate, which is also moving forward with an identical bill (SB 1392) that is currently … Continue Reading
The United States is in the process of completing its 59th presidential election and electing its 46th president. A change in administrations is inevitably accompanied by a change in executive priorities. Assuming that Vice President Biden is sworn in as President on January 20, 2021, the area of data privacy will likely be of particular … Continue Reading
The Consumer Financial Protection Bureau (the “CFPB”) recently announced that it will hold its first Tech Sprint to reduce regulatory burden and improve consumer understanding of financial services. The CFPB describes its Tech Sprints as a model that:… Continue Reading
The U.S National Institute of Standards and Technology (“NIST”) recently published its “Zero Trust Architecture,” which outlines a road map for cybersecurity measures across an organization. NIST explained that the security concept was created with the purpose of “mov[ing] defenses from static, network-based perimeters to focus on users, assets, and resources.” “Zero trust” is a … Continue Reading
What even might actually manage to have more geeks than Comic-Con? PrivacyCon! Ok, probably not, but on July 21, 2020 the FTC hosted their fifth annual PrivacyCon event, and for the first time it was entirely online. This event is designed to provide researched information on various important privacy topics. The FTC curates the event … Continue Reading
As predicted in our February 4, 2020 blog post, the New York Department of Financial Services (“DFS”) has filed its first formal charges for violation of the state’s cybersecurity regulation. The charges were filed against an insurance company for allegedly violating several provisions of Part 500 of Title 23 of the New York Codes, Rules, … Continue Reading
The advocacy group, Californians for Consumer Privacy, is going to court in an effort to ensure that California residents have the ability to vote on the proposed California Privacy Rights Act (“CPRA”) in a referendum in November.… Continue Reading
The impact of the COVID-19 outbreak continues to expand, as the New York Department of Financial Services (“NYDFS”) has extended the deadlines for Certification of Compliance for the Cybersecurity Regulation (23 NYCRR Part 500). A statement on NYDFS’ website explicitly notes that this change is solely a result of “the outbreak of COVID-19.” Accordingly, all … Continue Reading
On April 30, 2020, four Republican Senators[1],including the Chairman of the U.S. Senate Committee on Commerce, Science & Transportation, announced that they intend to introduce federal privacy legislation to regulate the collection and use of personal information in connection with the Coronavirus pandemic. According to the Senators’ press release, the COVID-19 Consumer Data Protection Act (the … Continue Reading
The current COVID-19 pandemic raises some significant issues and risks relating to cybersecurity and data privacy in the US that should be considered carefully and addressed appropriately. Concerns range from cybercriminals targeting a newly-remote workforce with clever phishing scams that prey on the environment of uncertainty, to worries that the crisis will give cover to … Continue Reading
The Illinois Biometric Information Privacy Act (“BIPA”) went into effect in 2008 and has been a steady source of litigation ever since. This post summarizes the obligations BIPA imposes, the current state of BIPA litigation, and what steps businesses can take to reduce litigation risks. What is BIPA? The stated intent of BIPA was to … Continue Reading
This spring, New York’s cybersecurity landscape shifts dramatically as certain provisions of New York’s Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”) take effect. The SHIELD Act, 2019 N.Y. Ch. 117, which was signed into law by Governor Cuomo on July 25, 2019, modifies existing data breach law to expand the definition of … Continue Reading
The NY Department of Financial Services Cybersecurity Regulation, 23 N.Y. Comp. Code R. & Regs. § 500, provides for the protection of customer information and information technology systems of Covered Entities, in recognition of the “ever growing threat posed to information and financial systems by nation-states, terrorist organizations and independent criminal actors.” The Cybersecurity Regulation … Continue Reading
In just a few short weeks (January 1, 2020), the California Consumer Privacy Act (CCPA) will impose burdensome GDPR-like transparency and individual rights requirements on almost every company that handles “personal information” regarding California residents, including employees. Is your organization ready? We have prepared a number of client alerts and blog posts to help you … Continue Reading
Partner Elliot Golding joins the Daon Podcast Series, to share his expertise on the coming impact of the California Consumer Privacy Act (CCPA) and what companies should know before it takes effect on January 1st, 2020. A recording of the episode is available here.… Continue Reading
