On August 17, 2017, as reported in BNA Privacy Law Watch, Delaware amended its data breach notification law, effective April 14, 2018. The amendments include expansion of the definition of personal information, timing of notification, changes to the harm threshold and credit monitoring service changes. … Continue Reading
On August 9, 2017, Nationwide Mutual Insurance Co. agreed to a 5.5 million dollar settlement with attorneys general from 32 states in connection with a 2012 data breach that exposed the personal information of over 1.2 million individuals. … Continue Reading
Recently, Nevada enacted an online privacy policy law which will require operators of websites and online services to post a notice on their website regarding their privacy practices. Nevada is the third state to enact legislation requiring website operators to post a public privacy notice, following California (enacted in 2004) and Delaware (enacted in 2016). … Continue Reading
On July 21, 2017, New Jersey Governor Chris Christie signed a bill that places new restrictions on the collection and use of personal information by retail establishments for certain purposes. The statute, which is called the Personal Information and Privacy Protection Act, permits retail establishments in New Jersey to scan a person’s driver’s license or other state-issued identification card only for eight purposes. … Continue Reading
On June 13, 2017, Judge Andrea R. Wood of the Northern District of Illinois dismissed with prejudice a putative consumer class action filed against Barnes and Noble. The case was first filed after Barnes and Noble’s September 2012 announcement that skimmers had tampered with PIN pad terminals in 63 of its stores and exposed payment card information.… Continue Reading
On May 16, 2017, the Governor of the State of Washington, Jay Inslee, signed into law House Bill 1493, which sets forth requirements for businesses who collect and use biometric identifiers for commercial purposes. The law will become effective on July 23, 2017. Washington becomes the third state to pass legislation regulating the commercial use of biometric identifiers.… Continue Reading
Recently, the Colorado Division of Securities published cybersecurity regulations for broker-dealers and investment advisers regulated by the Division. Colorado’s cybersecurity regulations follow similar regulations enacted in New York that apply to certain state-regulated financial institutions.… Continue Reading
On May 25, 2017, Oregon Governor Kate Brown signed into law H.B. 2090, which updates Oregon’s Unlawful Trade Practices Act by holding companies liable for making misrepresentations on their websites or in their consumer agreements about how they will use, disclose, collect, maintain, delete or dispose of consumer information.… Continue Reading
On May 23, 2017, Target reached a settlement with the Attorneys’ General of 47 states and the District of Columbia to resolve the states’ investigation of Target’s 2013 data breach.… Continue Reading
On May 22, 2017, New York Attorney General Eric T. Schneiderman announced that the AG’s office has reached a settlement with Safetech Products LLC regarding the company’s sale of insecure Bluetooth-enabled wireless doors and padlocks. This “marks the first time an Attorneys General’s Office has taken legal action against a wireless security company for failing to protect their [customers’] personal and private information.” … Continue Reading
On May 12, 2017, a massive ransomware attack, known as “WannaCry,” began affecting tens of thousands of computer systems in over 100 countries. These types of incidents can have significant legal implications for affected entities and industries for whom data access and continuity is critical. As affected entities work to understand and respond to the threat of ransomware, we address some of the key legal considerations.… Continue Reading
Earlier this month, the New York State Department of Financial Services published FAQs and key dates for its cybersecurity regulation for financial institutions that became effective on March 1, 2017.… Continue Reading
On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law, leaving Alabama and South Dakota as the two remaining states without such requirements. The Data Breach Notification Act (H.B. 15) goes into effect on July 1, 2017. … Continue Reading
On April 4, 2017, the Massachusetts Attorney General’s office announced a settlement with Copley Advertising LLC in a case involving geofencing. … Continue Reading
Recently, Virginia passed an amendment to its data breach notification law that adds state income tax information to the types of data that require notification to the Virginia Office of the Attorney General in the event of unauthorized access and acquisition of such data.… Continue Reading
On March 9, 2017, AllClear ID will host a webinar with Hunton & Williams partner and chair of the Global Privacy and Cybersecurity practice Lisa J. Sotto on the new cybersecurity regulations from the New York State Department of Financial Services. This blog entry provides a link to register for the event.… Continue Reading
On December 28, 2016, the New York State Department of Financial Services announced an updated version of its cybersecurity regulation for financial institutions that will become effective on March 1, 2017.… Continue Reading
On October 14, 2016, California Attorney General Kamala D. Harris announced the release of an online form that will enable consumers to report potential violations of the California Online Privacy Protection Act. … Continue Reading
On October 3, 2016, the Texas Attorney General announced a $30,000 settlement with mobile app developer Juxta Labs stemming from allegations that the company engaged in deceptive practices regarding its collection of personal information from children.… Continue Reading
On September 15, 2016, the New Jersey Senate unanimously approved a bill that would limit retailers’ ability to collect and use personal data contained on consumers’ driver and non-driver identification cards. The bill, known as the Personal Information and Privacy Protection Act, must now be approved by the New Jersey Assembly.… Continue Reading
On September 13, 2016, New York Governor Andrew Cuomo announced a proposed regulation that would require banks, insurance companies and other financial services institutions to establish and maintain a cybersecurity program designed to ensure the safety of New York’s financial services industry and to protect New York State from the threat of cyber attacks. … Continue Reading
In this second segment from Bloomberg Law’s Second Annual Big Law Business Summit, Hunton partner Lisa Sotto discusses the evolution of privacy over the years. View the video recording now.… Continue Reading
On April 13, 2016, Nebraska Governor Pete Ricketts signed into law LB 835, which among other things, adds a regulator notification requirement and broadens the definition of “personal information” in the state’s data breach notification statute. The amendments take effect on July 20, 2016. … Continue Reading
On March 24, 2016, Tennessee Governor Bill Haslam signed into law S.B. 2005, which makes a number of changes to the state’s data breach notification statute, Tenn. Code § 47-18-2107. The law takes effect on July 1, 2016.… Continue Reading
