As reported on the Insurance Recovery Blog, Hunton Andrews Kurth insurance practice head, Walter Andrews, recently commented to the Global Data Review regarding the infirmities underlying an Orlando, Florida federal district court’s ruling that an insurer does not have to defend its insured for damage caused by a third-party data breach.
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Florida
Florida Passes Drone Surveillance Bill Requiring Individual Consent
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Posted in Information Security, U.S. State Law
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.…
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Florida Amends Breach Notification Law to Cover Health Data, Tighten Notice Deadline and Require State Regulator Notification
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On June 20, 2014, Florida Governor Rick Scott signed a bill that repeals and replaces the state’s existing breach notification statute to cover health information and online account credentials, impose a 30-day notification timing requirement and require notification to the state regulator for breaches affecting 500 or more residents. The amendment took effect on July 1, 2014. …
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Court of Appeals Rules that HIPAA Preempts Florida Law
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Posted in Health Privacy, U.S. State Law
The United States Court of Appeals for the Eleventh Circuit recently held that the HIPAA Privacy Rule preempted a Florida law regarding the disclosure of medical records of deceased nursing home residents.…
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Class Action Lawsuit Filed Against Google for Tracking Android Users’ Location Data
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A class action complaint filed on June 9, 2011, in federal court in Florida alleges that Google’s Android phone illegally tracked and recorded users’ movements and locations without their knowledge or consent.
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States Attempt to Address Privacy Risks Associated with Digital Copiers and Electronic Waste
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Posted in Information Security, U.S. State Law
Pending legislation in Connecticut, Florida, Nevada, New Jersey and Oregon aims to address the privacy risks associated with devices that may store personal information on their hard drives. A New York law addressing these issues came into effect on April 1, 2011.
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