Archives: U.S. State Law

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New Jersey Moves Forward With Shopper Privacy Bill

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

New York Announces Proposed Cybersecurity Regulation to Protect Consumers and Financial Institutions

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

California Attorney General Releases Report Defining “Reasonable” Data Security

On February 16, 2016, California Attorney General Kamala D. Harris released the California Data Breach Report 2012-2015 which, among other things, provides (1) an overview of businesses’ responsibilities regarding protecting personal information and reporting data breaches and (2) a series of recommendations for businesses and state policy makers to follow to help safeguard personal information. … Continue Reading

California Attorney General Announces $25 Million Settlement with Comcast

On December 15, 2015, the California Attorney General announced an approximately 25 million dollar settlement with Comcast Cable Communications, LLC stemming from allegations that Comcast disposed of electronic equipment (1) without properly deleting customer information from the equipment and (2) in landfills that are not authorized to accept electronic equipment.… Continue Reading

California Passes New Digital Privacy Law

On October 8, 2015, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act. The law requires police to obtain a warrant before accessing an individual’s private electronic information. … Continue Reading

States Writing Biometric-Capture Laws May Look to Illinois

Recent class actions filed against Facebook and Shutterfly are the first cases to test an Illinois law that requires consent before biometric information may be captured for commercial purposes. Although the cases focus on biometric capture activities primarily in the social-media realm, these cases and the Illinois law at issue have ramifications for any business … Continue Reading

Florida Passes Drone Surveillance Bill Requiring Individual Consent

On April 28, 2015, the Florida House of Representatives passed a bill (SB 766) that prohibits businesses and government agencies from using drones to conduct surveillance by capturing images of private real property or individuals on such property without valid written consent under circumstances where a reasonable expectation of privacy exists.… Continue Reading

Data Security Act Introduced in New York State Assembly

On April 8, 2015, a New York Assemblyman introduced the Data Security Act in the New York State Assembly that would require New York businesses to implement and maintain information security safeguards. The Data Security Act also expands the scope of New York’s breach notification law.… Continue Reading

Two Wyoming Bills Amending the State’s Breach Notification Statute Are Headed to the Governor

On February 23, 2015, the Wyoming Senate approved a bill that adds data elements to the definition of "personal identifying information" in the state's data breach notification statute. The Wyoming Senate also agreed with amendments proposed by the Wyoming House of Representatives to another bill that adds content requirements to the notice that breached entities must send affected Wyoming residents. … Continue Reading