On March 21, 2018, South Dakota Governor Daugaard signed S.B. 62, enacting the state’s first data breach notification law, which will go into effect July 1, 2018. Previously, Alabama and South Dakota were the only U.S. states without data
Proskauer on Privacy
Proskauer on Privacy, published by Proskauer Rose LLP, focuses on legal developments and issues related to privacy and data protection. The blog covers topics such as biometric data use, cybersecurity breaches, regulatory compliance, enforcement actions by agencies like the FTC and DOJ, and evolving privacy legislation at both state and federal levels. It addresses challenges faced by businesses in managing sensitive personal data, including third-party risk, data brokerage, and cross-border data access restrictions. The blog also discusses litigation trends, privacy implications of emerging technologies, and guidance on navigating complex privacy frameworks and enforcement landscapes.
Latest from Proskauer on Privacy - Page 11
A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements
In November 2017, New York Attorney General Eric Schneiderman introduced the Stop Hacks and Improve Electronic Data Security (SHIELD) Act (the “Act”) in the state’s Legislature. Companies – big and small – that collect information from New York residents should…
SEC Issues Updated Guidance on Public Company Cybersecurity Disclosures
On February 21, 2018, the Securities and Exchange Commission (SEC) issued an interpretive Commission Statement and Guidance on Public Company Cybersecurity Disclosures (the “Guidance”) to assist public companies in meeting their cybersecurity disclosure requirements under the federal securities laws. The Guidance…
GDPR FAQ’s for Fund Managers
The General Data Protection Regulation (GDPR) comes into force across the European Union (EU) on 25 May 2018. It will have an impact on EU fund managers and may have an impact on non-EU fund managers depending on their operations. Below…
Colorado and Vermont Adopt Cybersecurity Rules Covering Broker-Dealers and Investment Advisers
State financial regulators in Colorado and Vermont recently adopted cybersecurity rules that apply to broker-dealers and investment advisers regulated by those states as well as certain other “securities professionals” in Vermont.
The broad definition of “securities professional” in Vermont’s regulation…
Concrete Enough to Stand: Ninth Circuit Upholds FCRA Claims in Spokeo
By Tiffany Woo
On August 15, 2017, the Ninth Circuit delivered the latest episode in the Robins v. Spokeo saga, reaffirming on remand from the Supreme Court that plaintiff Robins had alleged an injury in fact sufficient for Article III standing to bring…
Indian Supreme Court Declares the Right to Privacy a Constitutionally-Protected Fundamental Right
In a landmark decision, a nine judge bench of the Supreme Court of India ruled today that privacy is a fundamental right protected by the Constitution of India.
Background
Due to the volume of cases brought before the Supreme Court…
A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond
Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data becomes increasingly digital in…
The Health Care Industry Cybersecurity Task Force Prompts HHS to Issue a Revised HIPAA Breach Reporting Tool
Congress established the Health Care Industry Cybersecurity Task Force (the “Task Force”) in the Cybersecurity Act of 2015 (the “Act”) to address the challenges the health care industry faces when securing and protecting itself against cybersecurity incidents. While all health…
Update on FCC Privacy Rules
By Ava Childers
We previously reported on the FCC’s 2016 Privacy Order, “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” impacting Internet service providers’ data privacy practices and obligations and the corresponding timeline for compliance. Intervening events, however, have made…