As independent auditors to public companies and business development companies begin to make required disclosure of Critical Audit Matters (CAMs) to the audit committee, such reports are beginning to include discussion of information security programs and information technology controls. Independent auditors have treated material weaknesses in certain information technology controls […]
Data Security
SHIELD Act Overhauls New York’s Data Breach Notification Framework
On October 23, 2019, New York’s new breach notification provisions came into effect, a result of New York’s passage of the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) in July. That Act overhauled New York’s data privacy framework, expanding the list of data elements that are considered “private information” while growing the […]
New Hampshire Passes Insurance Data Security Law
New Hampshire recently passed its Insurance Data Security Law based on the National Association of Insurance Commissioners’ (NAIC) Insurance Data Security Model Law. The law will go into effect January 1, 2020. New Hampshire is one of several states, including Alabama, Connecticut, Delaware, Michigan, Mississippi, Ohio, and South Carolina, that has passed an insurance data […]
The CCPA Could Reset Data Breach Litigation Risks
While much has been written about the California Consumer Privacy Act (“CCPA”), the focus has primarily been on the new rights it affords California consumers to have access to and control use of their data and opt out of many transfers to third parties. While this is a sea change in data privacy legislation in […]
Oregon Extends Data Breach Notification Obligations to Third Parties
On May 24, 2019, Oregon Governor Kate Brown signed into law Senate Bill 684 (SB 684). SB 684 amends the Oregon Consumer Identity Theft Protection Act (“OCITPA”) by extending data breach notification obligations to vendors and by broadening the definition of “personal information” to include information used to access an online account. SB684 extends breach […]