Last Friday, the California Senate and Assembly passed SB-1121, amending the California Consumer Privacy Act (“CCPA”) as enacted in June. We previously issued an advisory following the June enactment, and will host a webinar discussing the law (as now amended) on September 12. This blog post highlights some of the key amendments to the CCPA. SB-1121 amends the CCPA as follows: Exemptions for Health Providers. The bill clarifies that the CCPA does not apply to protected health information (“PHI”) or medical information governed by the Health Insurance Portability and Accountability […] Read more
South Carolina recently enacted a prescriptive data security law for insurers. The law bears resemblance to the New York Department of Financial Services (NYDFS) cybersecurity rules that entered into force last year. In short, the South Carolina law requires licensees (defined below) to develop and implement a comprehensive written information security program (a “WISP”) and to notify the South Carolina Department of Insurance of certain cybersecurity events. Effective on January 1, 2019, the law includes extended deadlines for compliance with the requirement to implement a WISP (July 1, 2019) […] Read more
September 4, 2018 marks the end of the transitional period for covered entities to comply with several key provisions of the NYDFS Cybersecurity Requirements that require certain systemic and sustained measures. These provisions include the encryption and audit trail requirements as well as ones relating to the implementation of monitoring policies, procedures, and controls, application security, and data retention limitations.
Encryption (500.15): The regulation requires covered entities to encrypt Nonpublic Information held or transmitted by a covered entity both in transit over external [...] Read more
On July 17, the European Commission (the “Commission”) announced that the European Union and Japan successfully concluded talks on reciprocal adequacy and agreed to recognize each other's data protection systems as equivalent. In its press release, the Commission explains that this adequacy agreement will create “the world's largest area of safe transfers of data based on a high level of protection for personal data.”
The General Data Protection Regulation (“GDPR”) came into effect as of May 25 of this year. Under the GDPR, “adequacy” is the simplest way for companies to [...] Read more
The U.S. Court of Appeals for the Eleventh Circuit recently issued its opinion in LabMD, Inc. v. FTC, No. 16-16270 (11th Cir. June 6, 2018), declaring unenforceable a Federal Trade Commission (FTC) order requiring LabMD to implement an extensive cybersecurity plan. The case is noteworthy for its lengthy procedural background—during which time LabMD became defunct—and its holding, which has called into question the FTC’s authority to impose wide-ranging, comprehensive cybersecurity plans.
The LabMD matter dates to 2005, when LimeWire file sharing software was installed on a company computer, [...] Read more
Following a two-year grace period, EU General Data Protection Regulation (GDPR) entered into force on May 25, 2018. For many companies, preparing for the GDPR was a multi-year project involving multiple teams and input or assistance from across the organization. On this blog, we have outlined the items we have seen as particularly time- or resource-intensive.
On June 29, 2018, the Data Protection Authority (DPA) of the German state of Lower Saxony (Niedersachsen) announced it would be surveying GDPR compliance among companies under its jurisdiction. Germany has 16 state-run DPAs with general [...] Read more
With the entry into application of the GDPR on May 25, 2018, the EU Member States were expected to have adopted national legislation implementing the regulation. To date, however, only 30% of Member States have effectively passed legislation, which still leaves the legal landscape to be precarious. The GDPR allows for deviations and specifications in several areas, for instance to introduce specific conditions or limitations for the processing of biometric, genetic, or health data; to create specific protection regimes for employee data; or to restrict the rights the GDPR grants to individuals. [...] Read more
Amended breach notification laws recently took effect in Oregon or will soon take effect in Arizona. In both cases, the amended laws heighten existing requirements and reflect broader trends in the breach notification landscape at the state level, including by expanding the scope of “personal information” that triggers notification and requiring notification within a specified timeframe. In Oregon’s case, the amendments supplement already-existing data security requirements for companies the handle the personal data of Oregon residents.
Oregon
Broadened Definition of Personal Information
Like [...] Read more
Unique and detailed data protection legislation is currently under consideration by the Chicago City Council. If passed in its current form, the Data Collection and Protection Ordinance (the “Ordinance”) would impose consent, notification, and registration obligations on regulated companies, as well as require a prescribed notice to users of location services on mobile devices and express consent for use of geolocation data by mobile applications.
Consent requirements
The consent provisions would apply to “operators,” defined to include any entity that (1) “owns a website on the [...] Read more
Consistent with recent expansions to state data breach notification laws, Colorado recently enacted an expanded data privacy law that strengthens the state’s existing breach notification law and that requires policies and procedures concerning the protection and destruction of personal identifying information (“PII”). The law applies to any individual or commercial entity that maintains, owns, or licenses “personal information” or PII, as applicable, in the course of its business, vocation, or occupation, and also contains largely identical provisions that apply to state and local governments. [...] Read more
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