On May 6, 2016, Illinois Governor Bruce Rauner signed HB1260, which significantly updates the state’s Personal Information Protection Act. The changes take effect on January 1, 2017. When the new law becomes effective, Illinois’ data breach notification statute will include one of the broader definitions of the information which, if breached, will trigger notification to individuals.
Starting in 2017, the definition of personal information in the Act will include an individual’s full name, or first initial and last name in combination with their health insurance policy number [...] Read more
On March 24, 2016, Tennessee Governor Bill Haslam signed SB 2005 into law. The bill makes three principal updates to Tennessee’s data breach statute. First, the statute will now require organizations that have experienced a data breach to notify individuals within 45 days from the discovery or notification of the breach, unless a longer period of time is required due to the legitimate needs of law enforcement. Service providers must report a breach to the organization for which they are processing the data within 45 days of discovery.
The second update to the statute adds employees of the [...] Read more
The Federal Trade Commission (FTC) has announced updates to the IdentityTheft.gov website aimed at making the site more useful to victims of identity theft. The changes will enable consumers to quickly file complaints and develop a personalized recovery plan after answering a number of questions on the site.
“Our hope is that this is going to make it much easier for consumers to start on their road to recovery,” FTC Chairwoman Edith Ramirez said during a news conference revealing the changes. “Having one easy set of steps to understand what [the recovery process] entails and getting a [...] Read more
In the absence of action by the U.S. Congress to pass a national data breach notification law, many states stepped into the breach to update their laws this year to add more specific notice guidelines, a requirement to notify the state’s attorney general or another state official, and to require entities that maintain personal information to implement risk-based data security standards. Rhode Island has now joined that group.
On June 26, Rhode Island Governor Gina Raimondo signed Senate Bill 0134, the Rhode Island Identity Theft Protection Act of 2015 (the “2015 Act”), which substantially [...] Read more
Oregon has updated its data breach notification statute to broaden the definition of personal information that will trigger notice to individuals and add the requirement to notify the state’s Attorney General of certain breaches. Oregon Governor Kate Brown signed into law SB601 on June 10, and it was enrolled on June 15. The bill updates the Oregon Consumer Identity Theft Protection Act of 2007 (the “Act”). The changes to the Act become effective on January 1, 2016 and apply only to data breaches that occur on or after that date.
The expanded definition of “personal information” that [...] Read more
On June 11, Connecticut SB949 became a Public Act, after being passed by both chambers of the state legislature. Governor Dannel Malloy can now either sign the bill or take no action for it to become law. SB949 will, among other provisions, require companies that experience a security breach requiring notice to individuals under Connecticut law and involving the individual’s Social Security Number to offer “applicable identity theft prevention services, and, if applicable, identity theft mitigation services” at no cost for at least twelve months. This requirement will take effect on October [...] Read more
The Payment Card Industry Security Standards Council (PCI-SSC) today released recommendations for meeting the PCI Data Security Standard (PCI-DSS) when sharing cardholder data with third party service providers. PCI-DSS requires a merchant or other entity in entrusted with cardholder data to ensure that cardholder data continues to be protected when it is provided to a third party.
The guidance focuses on helping organizations and their business partners implement a third-party assurance program. The guidance includes recommendations on conducting due diligence and risk assessment when engaging [...] Read more
Iowa Governor Terry Brandstad has signed Senate File 2259, an act modifying provisions applicable to personal information security breach notification requirements.
Iowa’s law will now require notice of breaches of unauthorized acquisition of information that is on paper (in addition to computerized data) and to require notice to the consumer protection division of the state Attorney General’s office if a data breach affects more than 500 residents. Notice to the Attorney General’s office must be made within five days of notice to individuals. The changes take effect on July [...] Read more
In Federal Trade Commission v. Wyndham Worldwide Corp., et al., No. 13-cv-01887-ES-JAD (D.N.J. Apr. 7, 2014), Judge Esther Salas of the U.S. District Court for the District of New Jersey denied Wyndham’s request for dismissal of the FTC’s lawsuit against the hotel resort chain as a result of getting hacked.* Wyndham had challenged the FTC’s power to assert an unfairness claim under Section 5 of the FTC Act. Although the Court’s ruling focused solely on the FTC’s authority to bring the lawsuit, and offered no opinion on the underlying merits of the allegations, the [...] Read more
Following the recent announcement of two U.S. Senate committee hearings on data security breaches, the House Energy and Commerce Committee announced the first U.S. House of Representatives hearing to examine the issue. During the same week as the Senate hearings, the committee’s Subcommittee on Commerce, Manufacturing and Trade (CMT), chaired by Rep. Lee Terry (R-NE), will hold a hearing entitled “Protecting Consumer Information: Can Data Breaches Be Prevented?” on Wednesday, February 5, 2014, at 9:30 a.m. EST in 2123 Rayburn House Office Building. According to the hearing notice released [...] Read more
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