Byte Back

A legal blog on privacy, data security and information management

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New York Poised to Expand Data Security Requirements for Entities Doing Business in the State

By Erik Dullea & Ephraim Hintz on June 24, 2019

Key Point: If signed by the Governor, the legislation will require entities doing business in New York to implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of private information. As it closed its session, the New York legislature passed the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act). The bill, which the New York Attorney General’s (“AG”) office strongly supports, is now at the governor’s office for review.…

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Recording and Materials Available from CCPA Webinar

By Husch Blackwell on June 18, 2019

Thank you to everyone who attended our webinar “The California Consumer Privacy Act: Everything We Know With Six Months to Go.” For those who were unable to attend, you can listen to the recording and obtain a copy of the slide deck by clicking here.…

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Webinar: Analyzing the CCPA’s GLBA Exemption

By David Stauss on June 17, 2019

On July 11, Husch Blackwell’s privacy and data security practice group will host a webinar analyzing the Gramm-Leach-Bliley Act (GLBA) exemption in the California Consumer Privacy Act (CCPA). In this webinar, we will discuss the following topics: History of the CCPA’s GLBA exemption Analysis of the GLBA’s definition of nonpublic personal information and relevant definitions from implementing regulations Hypothetical examples Personal information sharing issues (both inter- and intra-company) Identification of the exemption’s limitations Click here for more…

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Illinois Legislature Passes Amendment to State’s Data Breach Notification Statute

By Anne Mayette on June 12, 2019

Key Point: The Illinois data breach notification statute will now require entities to notify the Illinois Attorney General if a breach affects 500 or more Illinois residents. The Illinois General Assembly recently voted to approve an amendment to the state’s Personal Information Protection Act (“PIPA”) (815 ILCS 530/1 et seq.) with regards to companies’ and organizations’ obligations when a data breach occurs. Illinois Governor J.B. Pritzker is expected to sign the amendment into law.…

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An Updated Deep Dive into Proposed Amendments to the CCPA

By David Stauss on June 9, 2019

In March we published an extensive analysis of proposed bills that would amend or supplement the California Consumer Privacy Act (CCPA). With a number of those bills having either passed the Assembly or been withdrawn , it is a good time to update our analysis. In the below post, we identify and analyze these bills. In doing so, we first provide a summary of where the legislative process stands. We then analyze the most significant proposed changes and…

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86th Texas Legislature Passes Bills Related to Cybersecurity

By Lauren Cabral on June 3, 2019

The 86th Texas Legislature passed several bills related to cybersecurity during its regular session, which came to a close on May 27, 2019. Texas Privacy Protection Advisory Council HB 4390, which creates a Texas Privacy Protection Advisory Council to study privacy laws in Texas, other states, and relevant foreign jurisdictions, has been sent to the Governor for signature. Composed of members of the Texas House of Representatives, Texas Senate, and relevant industry members appointed…

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President Trump Declares National Emergency over Technology Threats

By Damiya Park, Grant Leach & Cortney Morgan on May 30, 2019

On May 15, 2019, President Trump issued Executive Order 13873 (“E.O. 13873”) and declared a national emergency in response to increasing actions by “foreign adversaries” to create and exploit “vulnerabilities in information and communications technology and services” supplied to the U.S. E.O. 13873 broadly prohibits persons subject to U.S. jurisdiction from engaging in information and communications technology or services transactions with “foreign adversaries” that: (i) pose undue sabotage or subversion risks to U.S. information and…

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Are Credit Unions Covered by the CCPA?

By Gina Carter, Marci Kawski & David Stauss on May 29, 2019

Those who have spent time critically thinking about the California Consumer Privacy Act (CCPA), can undoubtedly identify a number of ambiguities and uncertainties. Some of those may be resolved through the current legislative amendment process or the forthcoming Attorney General interpretive regulations. However, notwithstanding those efforts, there likely will be many unresolved issues when the CCPA becomes effective.…

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Nevada Legislature Passes Bill Allowing Residents to Opt-Out of Sales of Covered Information

By David Stauss, Ephraim Hintz & Bob Bowman on May 27, 2019

Key Point: Although not as far-reaching as the CCPA, the Nevada legislation will require entities subject to the statute to revise their online privacy notices and create an internal process to ensure compliance with the new opt-out right. As we previously reported, the Nevada legislature has been considering legislation to amend Nevada’s existing online privacy notice statutes, NRS 603A.300 to .360. On May 23, 2019, the Nevada Assembly unanimously passed that legislation. The Senate previously passed it…

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CCPA: Bill to Expand Private Right of Action Fails

By David Stauss on May 16, 2019

Key Point: SB 561, which would have expanded the CCPA’s private right of action, has failed. According to multiple reports, SB 561 failed to pass the California Senate on Thursday. The failure of SB 561 is a significant victory for businesses as the bill would have expanded the California Consumer Privacy Act’s (“CCPA”) private right of action to allow individual consumers to sue businesses for violations of the CCPA’s privacy-related rights. The current version of the CCPA only…

Byte Back

A legal blog on privacy, data security and information management

Blog Authors

New York Poised to Expand Data Security Requirements for Entities Doing Business in the State

Recording and Materials Available from CCPA Webinar

Webinar: Analyzing the CCPA’s GLBA Exemption

Illinois Legislature Passes Amendment to State’s Data Breach Notification Statute

An Updated Deep Dive into Proposed Amendments to the CCPA

86th Texas Legislature Passes Bills Related to Cybersecurity

President Trump Declares National Emergency over Technology Threats

Are Credit Unions Covered by the CCPA?

Nevada Legislature Passes Bill Allowing Residents to Opt-Out of Sales of Covered Information

CCPA: Bill to Expand Private Right of Action Fails

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