The EU-U.S. Privacy Shield (“Privacy Shield”) is already under challenge before the European courts, after having been approved only some months ago by the European Commission (“EU Commission”). The European courts’ website records that an action for annulment has been brought by Digital Rights Ireland, the privacy and digital rights advocacy organization, before the General […]
Privacy & Cyber Regulatory Enforcement
California Updates Data Breach Notification Statute for 2017
California, which has historically been one of the states at the vanguard of data breach notification issues, has made an update to its statute that takes effect on January 1, 2017. The update will require companies to notify affected individuals of a data breach of encrypted information, if “the encryption key or security credential was, or […]
D.C. Circuit Holds CFPB is Unconstitutionally Constructed; Removes For-Cause Removal Protection from CFPB Director
On Tuesday, October 11, 2016, the D.C. Circuit Court issued its opinion in PHH Corp. v. Consumer Financial Protection Bureau, holding that the Consumer Financial Protection Bureau (CFPB) was unconstitutionally structured. In the majority opinion, Judge Kavanaugh described the position of CFPB Director as, in terms of unilateral authority, “the single most powerful official in […]
New York State Financial Services Regulator Issues Proposed Cybersecurity Regulations
On September 13, 2016, Governor Andrew Cuomo announced the issuance of proposed “first-in-the-nation” cybersecurity regulations for entities regulated by the New York Department of Financial Services (DFS), including jurisdictional banks, insurance companies, and other financial institutions. The proposed regulation will be subject to a 45-day comment period prior to being issued as a final rule. […]
Centers for Medicare and Medicaid Services Issues Emergency Preparedness Requirements That Address Cyber-Attacks
The Centers for Medicare and Medicaid Services (“CMS”) issued a final rule on September 8th, 2016 establishing national emergency preparedness requirements for providers and suppliers participating in Medicare and Medicaid in response to “inconsistency in the level of emergency preparedness amongst healthcare providers.” The rule will be officially published in the Federal Register on September […]