On September 28, 2021, Senators Gary Peters and Rob Portman, respectively Chairman and Ranking Member of the Homeland Security and Government Affairs Committee, introduced a bipartisan bill that would require owners and operators of critical infrastructure to notify the Director of the Cybersecurity and Infrastructure Security Agency within 72 hours of having a reasonable belief that a covered cyber incident has occurred.
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OCR Guidance Regarding HIPAA’s Applicability to COVID-19 Vaccination Information
On September 30, 2021, the U.S. Department of Health and Human Services’ Office for Civil Rights issued guidance regarding when the HIPAA Privacy Rule applies to disclosures and requests for information about a person’s COVID-19 vaccination status. The guidance addresses common workplace scenarios and answers questions about whether and how the HIPAA Privacy Rule applies.
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DHS Issues Cybersecurity Guidance for Critical Infrastructure Firms
On September 22, 2021, Secretary of Homeland Security Alejandro N. Mayorkas and Secretary of Commerce Gina Raimondo released a joint statement on the Department of Homeland Security’s issuance of preliminary Critical Infrastructure Control Systems Cybersecurity Performance Goals and Objectives. The Preliminary Goals identify nine overarching control system cybersecurity performance goals, each containing specific objectives to support the deployment and operation of secure control systems.
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Zoom Agrees to Pay $85M to Settle Class Action
On July 31, 2021, Zoom Video Communications, Inc. agreed to pay $85 million to settle a class action suit that alleged the Company violated users’ privacy rights. The proposed settlement must be approved by U.S. District Judge Lucy Koh.
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White House Issues Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems
On July 28, 2021, President Biden signed a National Security Memorandum that formally establishes an Industrial Control Systems Cybersecurity Initiative and directs the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency and the Department of Commerce’s National Institute of Standards and Technology, in collaboration with other agencies, to develop and issue cybersecurity performance goals for critical infrastructure.
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Senator Gillibrand Announces Renewed Data Protection Act 2021
On June 17, 2021, Senator Kirsten Gillibrand (D-NY) announced the reintroduction of the Data Protection Act of 2021, which would create an independent federal agency, the Data Protection Agency, to “regulate high-risk data practices and the collection, processing, and sharing of personal data.”…
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MEPs Urge European Commission to Amend Draft UK Adequacy Decision
On May 11, 2021, the European Parliament issued a press release requesting that the European Commission amend its draft decisions on UK adequacy to more closely align with EU court rulings and the opinion of the European Data Protection Board. The request came after the Parliament’s Civil Liberties Committee passed a resolution evaluating the Commission’s approach regarding the adequacy of the UK’s data protection regime.
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Norwegian DPA Issues 2.5M EUR Preliminary Fine for U.S. Company Utilizing Web-Tracking IDs
On May 2, 2021, the Norwegian data protection authority, Datatilsynet, notified a U.S. company of its intention to issue a fine of 25 million Norwegian Krone (approximately 2.5 million Euros). The preliminary fine was issued for failure to comply with the General Data Protection Regulation’s accountability, lawfulness and transparency requirements, primarily due to the company’s tracking of website visitors.
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Court Authorizes FBI to Remove Web Shells from Compromised Microsoft Exchange Servers
On April 13, 2021, the U.S. Department of Justice announced that the Federal Bureau of Investigation executed a court-authorized removal of malicious web shells from hundreds of vulnerable computers in the U.S. …
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NYDFS Settles with Mortgage Company for Data Breach
The New York Department of Financial Services recently announced it had entered into a settlement with Residential Mortgage Services, Inc. related to allegations that the company violated the NYDFS Cybersecurity Regulation in connection with a 2019 data breach. …
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