The Georgia Supreme Court recently issued a decision holding that there is no duty to safeguard personal information from a data breach under Georgia law. Georgia Department of Labor v. McConnell involved the accidental disclosure of a spreadsheet that contained the name, social security number, home telephone number, email address, and age of thousands of […]
Security Breach
Washington State Amends Data Breach Notification Law
On May 7, 2019, Washington amended its data breach notification law (HB 1071). The amendment shortens the period in which notice must be provided, expands the definition of personal information, adds further content requirements for notification letters, and changes the way in which notifications must be delivered in certain circumstances. Timing of Notice. The amendment […]
FTC Announces New Cybersecurity Requirements, Privacy Rule Update
In March, the Federal Trade Commission announced proposed updates to two key privacy and security regulations, the Safeguards Rule and Privacy Rule. Both rules implement regulations under the federal Gramm Leach Bliley Act, and the FTC seeks comments for both. The FTC’s proposed update to the Safeguards Rule would impose a number of information security […]
Massachusetts Amends Data Breach Notification Law
Massachusetts Governor Charlie Baker has signed legislation amending the state’s data breach notification law, and the amendments will take effect on April 11, 2019. The new requirements relate to the timing and content of individual and regulator notifications, as well as credit monitoring services offered to affected residents. The key amendments include the following provisions. […]
SEC Brings First Enforcement Action for Violation of the Identity Theft Red Flags Rule
On September 26, 2018, the SEC brought its first ever enforcement action for violations of Regulation S-ID (the “Identity Theft Red Flags Rule”), 17 C.F.R. § 248.201, in addition to violations of Regulation S-P, 17 C.F.R. 30(a) (the “Safeguards Rule”). Regulation S-ID and Regulation S-P apply to SEC-registered broker-dealers, investment companies, and investment advisers, and […]