California recently signed into law Senate Bill No. 446, which amends its data breach notification law, Section 1798.82 of the Civil Code, to require covered companies to notify affected California residents within 30 calendar days of discovery of the data
breach notification
The differences between non-disclosure, exfiltration and notice – a court’s view
By David Kessler and Sue Ross
Although there is scant case law on the question, it is generally accepted that it is not a violation of one’s duty not to disclose information if it is stolen from you. Put another…
New York hospitals have new cybersecurity requirements
On October 2, 2024, the New York State Department of Health (DOH) published a new cybersecurity regulation (10 NYCRR 405.46) for all general hospitals licensed pursuant to article 28 of the Public Health Law. Although most of the regulation will…
Alberta OIPC’s 2022 PIPA Breach Report – Trends and Key Takeaways
Proposed cybersecurity rules for SEC registered advisers and funds
On February 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) released a proposal aimed at enhancing cybersecurity risk management programs, including cybersecurity preparedness and response, for registered investment advisers (“advisers”), investment companies and business development companies (“funds”). Overall, the…
California Massachusetts and Michigan – 2020 ballot initiatives on privacy
The US elections on November 3, 2020 included three states with privacy-related ballot initiatives: California, Massachusetts, and Michigan. Voters supported all three initiatives.
New York’s Breach Law Amendments and New Security Requirements
Although California has recently captured the lion’s share of attention with respect to privacy and security, on October 23, 2019, New York’s amended security breach law goes into effect, and on March 1, 2020, new security safeguards go live (N.Y.…
Nine States Pass New And Expanded Data Breach Notification Laws
In the absence of federal action, states have been actively passing new and expanded requirements for privacy and cybersecurity (see some examples here and here). While laws like the California Consumer Privacy Act (CCPA) are getting all the attention, many states are actively amending their breach notification laws. Illinois, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Texas, and Washington have all amended their breach notification laws to either expand their definitions of personal information, or to include new reporting requirements.
Below is a roundup of recent and significant changes.
Amended Colorado bill aims to enhance data privacy laws
As Data Protection Report posted on January 29, 2018, lawmakers in Colorado are considering legislation that, if enacted, would significantly strengthen Colorado’s data privacy protections. On Wednesday, February 14, 2018, an amended bill passed unanimously in Colorado’s House Committee on State, Veterans and Military Affairs.
South Dakota and Colorado strengthen data breach protections
Last week, South Dakota moved closer to implementing a data breach notification law, while Colorado legislators introduced a new bill requiring “reasonable security procedures,” imposing data disposal rules and shortening the time frame in which to alert authorities regarding a breach. South Dakota and Colorado are the latest states taking steps in cybersecurity lawmaking in light of Congress’s inaction regarding data breach legislation.
On July 27, 2022, the Office of the Information and Privacy Commissioner of Alberta (OIPC) released its 2022 PIPA Breach Report.