After a nearly five-year rulemaking process, the U.S. Department of Defense (DoD) published the Final Cybersecurity Maturity Model Certification 2.0 (CMMC) program rule in the Federal Register on Oct. 15, 2024, codified at 32 CFR Part 170. Contract clauses implementing
Password Protected
Data Privacy & Security News and Trends
Password Protected, published by McGuireWoods LLP, focuses on legal issues related to data privacy, cybersecurity, and technology law. The blog covers regulatory developments such as SEC enforcement actions, state cybersecurity regulations like those from NYDFS, and privacy laws including California's CCPA and CIPA. It addresses risk management practices for third-party vendors, compliance challenges, and the impact of emerging technologies like AI on privacy and security frameworks. The blog also discusses litigation trends, enforcement guidance, and legislative proposals affecting corporate cybersecurity and data protection obligations.
Latest from Password Protected - Page 5
Takeaways for Nonprofit Healthcare Systems From SEC Cybersecurity Disclosure Interpretations
When dealing with a cybersecurity incident response, nonprofit healthcare systems have different constituents to consider. Patients and staff who risk having personal information exposed or procedures postponed are the most important, but bondholders of a system’s debt also will want…
Ounce of Prevention: Do You Have Business Associate Agreements With Every Required Party?
Applicable Provider Types: All
Is Your Entity in Compliance?
The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009 (HIPAA) requires Covered Entities (CEs), Business Associates…
Ounce of Prevention: Is It Time to Perform a Security Risk Assessment?
Applicable Provider Types: All
Is Your Entity in Compliance?
The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009 (HIPAA) requires covered entities and their business…
Navigating Cybersecurity and Data Privacy Regulations in the Insurance Industry
For over 100 years, the National Association of Insurance Commissioners (NAIC) has been developing model legislation to encourage uniformity among states for the regulation of insurance products. The NAIC model laws and guidelines are proposed statements of insurance regulation for…
OCR Continues Holding Healthcare Entities Accountable for Protected Health Information Breaches
On Feb. 6, 2024, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) announced a $4.75 million settlement with New York non-profit health system Montefiore Medical Center over alleged malicious insider conduct that caused potential…
Can Any Data Breach Investigation Report Deserve Protection? Part III
By Tom Spahn
The last two Privilege Points have described yet another losing effort to protect a data breach investigation and related communications. In Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist. LEXIS 217502 (W.D. Wash. Dec. 6, 2023), the court…
Don’t Forget: It’s Time to Notify the FTC of Your Data Breach
This summer, the Federal Trade Commission (“FTC”) will once again tighten the belt on entities that offer financial products and services when another round of amendments to the Gramm-Leach-Bliley Safeguards Rule goes into effect—this time, requiring covered entities to report…
Can Any Data Breach Investigation Report Deserve Protection? Part II
By Tom Spahn
Last week’s Privilege Point described a data breach victim’s latest losing effort to claim privilege protection for its consultant’s investigation report. Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist. LEXIS 217502 (W.D. Wash. Dec. 6, 2023). Before bluntly rejecting…
Can Any Data Breach Investigation Report Deserve Protection? Part I
By Tom Spahn
Companies and even law firms suffer data breaches, and usually claim privilege and work product protection for the inevitable resulting investigation. Unfortunately, courts seem to have rejected such protection claims in all but a few cases. Most of the other…