The New York Department of Financial Services, which regulates the business of insurance in New York, has issued guidelines, in the Insurance Circular Letter No. 2 (2021) regarding “Cyber Insurance Risk Framework”, calling on insurers to take more stringent measures in underwriting cyber risks. In the Guidelines, NYDFS cites the 2020 SolarWinds attack as an example of how managing growing cyber risk is “an urgent challenge for insurers.”
Continue Reading New York Regulators Call on Insurers to Strengthen the Cyber Underwriting Process

The New York Department of Financial Services has issued a Cyber Fraud Alert to regulated entities in light of a growing campaign to steal Nonpublic Information, as defined under New York law, from public-facing websites that provide instant quotes for products like auto insurance.
Continue Reading NY Department of Financial Services Issues Cyber Fraud Alert to Regulated Entities Using Instant Quote Websites

As we previously reported, significant data privacy bills, titled the Consumer Data Protection Act, are working their way through the Virginia legislature. If enacted, Virginia would be the second state to enact major data privacy legislation of general applicability.
Continue Reading Virginia Moves Closer to Be the Second State to Enact Major Privacy Legislation

On December 22, 2020, New York Governor Andrew Cuomo signed into law legislation that temporarily bans the use or purchase of facial recognition and other biometric identifying technology in public and private schools until at least July 1, 2022. The legislation also directs the New York Commissioner of Education to conduct a study on whether this technology is appropriate for use in schools.
Continue Reading New York Temporarily Bans Facial Recognition Technology in Schools

On November 12, 2020, Chief Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois rejected Apple Inc.’s (“Apple’s”) motion to dismiss a class action alleging its facial recognition software violates Illinois’ Biometric Information Privacy Act (“BIPA”). Judge Rosenstengel agreed with Apple, however, that the federal court lacks subject matter jurisdiction over portions of the complaint.

Continue Reading BIPA Lawsuit Proceeds Against Apple in Federal Court