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.”
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Personal Information
NY Department of Financial Services Issues Cyber Fraud Alert to Regulated Entities Using Instant Quote Websites
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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.…
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Florida Water Hack Shows Danger of Remote Access Vulnerabilities
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Posted in Security Breach
On February 8, 2021, Pinellas County, Florida officials announced that a hacker had remotely gained access to the City of Oldsmar’s water treatment system on two separate occasions and was able to change the setting for sodium hydroxide in the water supply. The incident highlights the danger to local government information systems and the dangers of remote access vulnerabilities.…
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D.C. Court Rejects Attorney-Client Privilege and Work Product Protections in Data Breach Case
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On January 12, 2021, in Wengui v. Clark Hill, PLC, et al., the United States District Court for the District of Columbia rejected a law firm defendant’s assertions of the attorney-client privilege and work product doctrine for forensic reporting and other related information associated with its outside counsel’s data breach investigation. …
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FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
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As reported on the Hunton Retail Law Resource blog, the Federal Trade Commission settled charges with mobile advertising company Tapjoy, Inc., on allegations that the company failed to provide promised rewards in exchange for completed activities such as the payment of money, disclosure of sometimes-sensitive personal information or registration for “free trial” marketing offers.…
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FTC Issues Orders to Nine Social Media and Video Streaming Service Companies Regarding Privacy Practices
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On December 14, 2020, the Federal Trade Commission announced that it had issued orders to nine social media and video streaming companies, requesting information on how the companies collect, use and present personal information, their advertising and user engagement practices and how their practices affect children and teens.…
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Hunton Attorneys Publish Guidance Note on Changes to China’s Data Protection Laws
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On November 6, 2020, Hunton attorneys Dora Luo and Yanchen Wang published a new Guidance Note for OneTrust DataGuidance on China’s data protection laws. The Guidance Note examines recent changes to China’s emerging cybersecurity and personal information protection framework.…
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New Mexico AG Files Notice of Appeal in Suit Against Google Regarding Alleged Violations of COPPA
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Posted in Children’s Privacy, U.S. Federal Law
On November 27, 2020, New Mexico Attorney General Hector Balderas filed a notice of appeal to the U.S. Court of Appeals for the Tenth Circuit in the lawsuit it brought against Google on February 20, 2020, regarding alleged violations of the federal Children’s Online Privacy Protection Act in connection with G-Suite for Education. …
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China Issues Draft Rules on the “Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications”
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On December 1, 2020, the Cyberspace Administration of China released draft rules on the “Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications” (the “Draft Rules”) (in Chinese).
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Home Depot Agrees to Pay $17.5 Million in Multistate Settlement Following 2014 Data Breach
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On November 24, 2020, a multistate coalition of Attorneys General announced that The Home Depot, Inc. agreed to pay $17.5 million and implement a series of data security practices in response to a data breach the company experienced in 2014.…
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