On February 25, 2020, the Virginia State Legislature passed House Bill 1334, the Insurance Data Security Act, which establishes data security requirements applicable to persons licensed by the insurance laws of the Commonwealth. Following on other state laws that have created data security regimes applicable to the insurance industry, the Virginia law requires licensees to maintain the security of information systems and nonpublic information.
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Legislative Alert: Virginia Expands Insurance Data Security Requirements Posted on: March 31, 2020 In: Data Privacy & Cybersecurity
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Legislative Alert: Vermont Expands Definition of Personal Information and Enacts Protections for Student Privacy and Automatic Subscription Renewals Posted on: March 19, 2020 In: Data Privacy & Cybersecurity
On March 5, 2020, Vermont Governor Phil Scott signed into law Senate Bill 110, which amends sections of Chapter 62 of the Vermont Statutes Annotated - “Protection of Personal Information” - including Sections 2430, 2435, and 2454. The bill also adds Section 2443 to the chapter, which governs the privacy of student information belonging to preschool, kindergarten, elementary, and secondary school students.
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Illinois Court Expands Reach of the Defend Trade Secrets Act, Opening Door for Increased Damages Posted on: February 26, 2020 In: Labor & Employment
What is the geographical reach of the powerful trade secrets statute known as the Defend Trade Secrets Act, or DTSA? According to one judge in the Northern District of Illinois, the answer to this question is: the whole world!
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Legislative Alert: California Expands Definition of Personal Information Posted on: November 01, 2019 In: Data Privacy & Cybersecurity
On October 11, 2019, California Governor Gavin Newsom signed into law Assembly Bill 1130, which amends The Information Practices Act of 1977, as well as California Civil Code §§ 1798.29, 1798.81.5 and 1798.82. The bill expands the definition of “personal information” under the California data breach notification statutes applicable to businesses and to government agencies.
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Illinois Amends Student Online Personal Protection Act, Adding Data Breach Notification Provisions Posted on: September 17, 2019 In: Data Privacy & Cybersecurity
On August 23, 2019, Illinois Governor J.B. Pritzker signed into law the Student Online Personal Protection Act of 2019 (SOPPA). Amending the previous version of SOPPA, this ambitious legislation gives parents greater control over student data, imposes new breach notification requirements, and regulates the collection and use of student data.
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Legislative Alert: New York Expands Data Breach Obligations for Credit Reporting Agencies Posted on: August 15, 2019 In: Data Privacy & Cybersecurity
New York Governor Andrew Cuomo has signed into law Senate Bill S3582, which further expands obligations owed to consumers when a data security breach affects a credit reporting agency.
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Legislative Alert: New York Amends Its Data Breach Notification Law Posted on: August 12, 2019 In: Data Privacy & Cybersecurity
New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, Senate Bill 5575B/Assembly Bill 5635B. The SHIELD Act updates the state’s existing data breach notification law, N.Y. Gen. Bus. Law § 899-aa, and creates a new section, § 899-bb, requiring reasonable data security for “private information” and granting enforcement powers to the attorney general against non-compliant entities.
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Legislative Alert: New Jersey Enacts Legislation to Expand Disclosure of Online Data Breaches Posted on: May 31, 2019 In: Data Privacy & Cybersecurity
On May 10, 2019, New Jersey enacted Senate Bill 52 (SB 52). This bill, which will take effect on September 1, 2019, will require disclosure of data breaches that impact usernames, email addresses, and/or other account holder identifying information belonging to residents of the Garden State when combined with any password or security questions and answers.
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Legislative Alert: Maryland Amends Data Breach Notification Law to Improve Incident Response Posted on: May 16, 2019 In: Data Privacy & Cybersecurity
On April 30, 2019, Maryland enacted an amendment to Maryland’s Personal Information Protection Act (Md. Code Ann. § 14-3504), which becomes effective on October 1, 2019. The amendment was introduced in response to a rise in consumer complaints about identity theft.
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Legislative Alert: Alabama Passes Heightened Cybersecurity Standards for the Insurance Industry Posted on: May 13, 2019 In: Data Privacy & Cybersecurity
On May 1, 2019, Governor Kay Ivey signed Alabama S.B. 54 into law, making Alabama the latest state to pass a law mandating heightened standards within the insurance industry for cybersecurity and data privacy. The Insurance Information Security Program Requirement applies specifically to insurers and other entities licensed by the Alabama Department of Insurance.
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Legislative Alert: Updates to Washington Breach Notification Statute Expected Posted on: May 07, 2019 In: Data Privacy & Cybersecurity
Washington State will soon pass a law that will overhaul its data breach notification requirements, beginning in March 2020. House Bill 1071, which passed both of Washington’s legislative chambers, was presented to Governor Jay Inslee in late April, and the governor is widely expected to sign the bill into law. The bill includes four significant changes to Washington’s existing data breach notification requirements.
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Legislative Alert: Arkansas Amends Personal Information Protection Act Posted on: April 29, 2019 In: Data Privacy & Cybersecurity
On April 15, 2019, Arkansas Governor Asa Hutchinson signed House Bill 1943 into law (now referred to as Act 1030), amending the Personal Information Protection Act, Arkansas Code § 4-110-101 et seq. Act 1030 expands the definition of “personal information” as used in the Personal Information Protection Act and also introduces key new requirements that relate to data breach notification.
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