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Julia Kadish is a partner in the Intellectual Property Practice Group in the firm's Chicago office and a member of the Privacy and Cybersecurity Team.

California recently passed an amendment accelerating how quickly businesses must notify following a data breach. Previously, the requirement was to notify affected individuals “without unreasonable delay.” Beginning January 1, 2026, the law mandates that businesses notify individuals within 30 calendar days after the discovery or notification of a breach. (New York also shortened its reporting this earlier this year). While some flexibility remains for law enforcement needs or to fully investigate the incident and restore data systems, this change places a clear emphasis on prompt action and accountability. Businesses in California will also face a new requirement when a data breach impacts over 500 residents. The law also calls for a copy of the notice sent to consumers to be submitted to the California Attorney General within 15 days of notifying individuals. Previously, there were no specific deadlines for sending a copy of the notice to the AG office.Continue Reading 2026 Data Breach Law Updates – California and Oklahoma

Starting January 1, 2026, health care practitioners in Texas are required to store electronic health records in the United States under a new Act. It applies to all records- regardless of the date on which the record was first prepared. his requirement is found in a recently enacted law that also includes requirements for practitioner’s AI use.Continue Reading New Texas Law Requires Storage of Electronic Health Records in U.S.

Texas recently enacted a pair of laws aimed at AI governance in the public sector and in healthcare. Starting September 1, 2025, there will be statutory authorization for health care practitioners (HCPs) in Texas to use AI for care-related purposes. This includes a practitioner’s ability to develop courses of treatment and to diagnose patients.Continue Reading New Texas Law Permits Use of AI In Health Care

Starting April 3, Ohio hospitals will have to navigate new requirements under House Bill 173. This law mandates greater transparency in healthcare pricing. It also includes rules for selling or targeted advertising related to personal information hospitals collect from price estimator tools (discussed in more detail below). The law applies to hospitals in Ohio, which is any facility providing inpatient medical services for periods longer than twenty-four hours.Continue Reading New Ohio Transparency Pricing Rules for Hospitals Comes with Limits to Targeted Advertising

The New York Department of Financial Services (“NYDFS”) recently published guidance on managing cyber risks related to AI for the financial services and insurance industry. Though the circular letter does not introduce any per se “new” obligations, the guidance speaks to the Agency’s expectations for addressing AI within its existing cybersecurity regulations. Continue Reading NYDFS Speaks Out on AI and its Cybersecurity Risks

The SEC recently issued an order and settlement against a company from a pair of cyberattacks in which millions of dollars of client funds were stolen. While the company was able to recover a portion of the funds and ultimately reimbursed clients for the money lost, the SEC still fined the company $850,000 for failure to provide the necessary safeguards to protect its clients’ funds.Continue Reading SEC Continues its Cybersecurity Focus, Settles with Company over Lax Security Measures

In a recent blog post, the FTC again cautioned entities that hashing data does not make that data anonymous. Hashing is a process that takes a particular input, such as a phone number or email address, and uses a mathematical formula to create a different output. However, hashing does not make the output “anonymized” from the FTC’s perspective. This is because the hashing can be undone and reveal information that was initially obscured.Continue Reading #Hashtag Hashing: Still Not as Helpful as You Think!

The FTC recently announced that it had finalized the changes to the Health Breach Notification Rule (HBNR). This is roughly one year later from when the proposed changes were first released and three years later from the Agency’s initial “position statement” on the rule sparking controversy. The final changes clarify the scope of the rule to health apps and expands what must be told to consumers when notifying them of a breach. The updated rule goes into effect June 25, 2024.Continue Reading FTC Finalizes Breach Notification Rule Amendments Directed at Digital Health

This year has been active on the state “comprehensive” privacy law front. Seven states passed new laws in 2023 (Delaware, Iowa, Indiana, Tennessee, Montana, Florida, and Oregon). These states joined California, Connecticut, Colorado, and Virginia with laws already in effect. Soon, Utah will join the “active” law list when its privacy law comes into effect on December 31.Continue Reading Closing Out 2023 with Utah’s Privacy Law