Updates in Cybersecurity and Data Privacy, Part 2 – August 2020

By Krishna Jani, Flaster Greenberg   From California to New York, data privacy laws and enforcement actions are ramping up. Check out some highlights below.   1. New York State Department of Financial Services launched its first enforcement action in July 2020. As U.S. companies focus on CCPA enforcement, they should not ignore other state
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Updates in Cybersecurity and Data Privacy – August 2020

By Krishna Jani, Flaster Greenberg   There is a lot going on in the world right now — and the world of data privacy is no exception.   Here is a snapshot of what’s on my radar:   1. Senators Jeff Merkley and Bernie Sanders introduced the National Biometric Information Privacy Act of 2020 on Tuesday, August
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FTC Undertakes 10-Year Review of Health Breach Notification Rule, Seeks Public Comments

By Jennifer K. Wagner, J.D., Ph.D.   On April 15, 2020, the Federal Trade Commission (FTC) published a notice of its intent to conduct a 10-year review of the Health Breach Notification Rule (HBN Rule) (85 FR 20889) and announced on May 8, 2020 that it would be requesting public comment. The comment period will
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An Approach to Discharging the Duty of “Reasonable Care” in Data Breach Matters

By Joseph Decker and Brett Creasy, CCE, CISSP, bit-x-bit LLC   When a company is targeted and a data breach results, the exposure can be staggering.  To take the most extreme example, Equifax’s Jan. 13, 2020 settlement of a 2017 class action data breach lawsuit, regarding a breach incident that affected approximately 147 million people,
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SB 308 Proposes 14-Day Data Breach Notice Requirement for Pennsylvania Businesses

By Thomas S. Markey and Chase J. Wright, McNees Wallace & Nurick LLC   In today’s tech-reliant business environment, companies increasingly maintain and store records electronically. With the luxury of going paperless comes the risks surrounding a potential data breach. If such a breach occurs and certain personal information is compromised, all U.S. states require
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