New York Attorney General Letitia James recently published a guide to help companies in preparing their data security programs and responding to data security incidents. The security program recommendations are paired with highlights from recent investigations by the Attorney General that provide valuable insights into what the Attorney General views as data security pitfalls that should be remedied.
Continue Reading New York AG Releases Guide for Business Data Security
EyeMed recently entered into a settlement with the Attorneys General of Oregon, New Jersey, Florida and Pennsylvania around a 2020 breach of an EyeMed email account that contained the data of more than 2 million individuals. As we previously reported, EyeMed entered into settlement with NYDFS over this breach in October of 2022.
Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents. If the breach involves 1,000 or more residents, then notification to each consumer reporting agency is also required.
Continue Reading Utah Amends Data Breach Law, Creates Cyber Center
On April 4, CFPB Director Rohit Chopra delivered remarks at the International Association of Privacy Professionals’ Global Policy Summit on the importance of reigning in repeat violators of consumer finance and privacy laws. According to the Director, the CFPB is to enhance penalties against repeat offenders of consumer protection laws. Such penalties could involve a broader range of agency remedies, including naming executives in enforcement actions and placing meaningful limitations on future business practices, in addition to simple fines.
Continue Reading CFPB Director Elevates Priorities for Data Privacy & Repeat Offenders
The US Department of Health and Human Services recently updated its guide to help the private and public healthcare sectors develop cybersecurity protocols that address NIST’s Framework for Improving Critical Infrastructure Cybersecurity. The guide is a toolkit, with information and resources intended to help companies implement cybersecurity programs in the health care space. While the aim of this guidance is to help companies implement NIST’s protocols for protecting US critical infrastructure, the recommendations contained in the guide mirror other agencies’ security recommendations (for example those we have written about from the Department of Labor and the FDA).
Three days. Starting September 1, 2023, that is all federally insured credit unions will have to report cyber incidents.
Continue Reading 72 hours: The NCUA’s New Cyber Incident Reporting Requirement
Two states recently passed laws with specific data security requirements for entities that are gaming operators or licensees. These new regulations in Nevada and Massachusetts add to the already complex set of data security laws that exist at the federal and state level. In the US, companies may be subject to certain data security laws because of the type of information they collect or because of the industry they are in (financial, healthcare, insurance, telecommunications, etc.). The gaming industry is the latest to add to the mix.
Continue Reading Gaming Operators Latest to See Specific Privacy & Cybersecurity Laws
The New York and Pennsylvania AGs settlement with Herff Jones from late last year provides guidance to businesses about expected security measures as we enter into 2023. The case arose after Herff Jones, producer and seller of graduation goods, suffered a breach resulting in the theft and sale of customer payment card information.
Continue Reading Graduation Goods Settlement: A Good Reminder of AGs’ Data Security Priorities
To conclude our series of cybersecurity areas to focus on in 2023 for those who do business with the Federal government, we look at the FedRAMP and StateRAMP developments from 2022. For the rest of this series, see our prior articles (Part One, Part Two, Part Three, and Part Four).
The federal government has continued its efforts to fulfill the requirements set forth in Executive Order 14028, Improving the Nation’s Cybersecurity. For companies that do business with the Federal government, beyond looking at the other issues raised in this series of posts (see here, here and here), these efforts will be important to keep in mind in 2023. There are three efforts underway by the FAR Council to amend the Federal Acquisition Regulations (FAR) related to the Executive Order (in addition to the Secure Software efforts discussed in Part Three).
Today we continue our series (see here and here) with the Office of Management and Budget’s September 2022 memorandum requiring federal agencies to only use software from software producers that attest compliance with secure software development guidance issued by the NIST. The new requirements will apply to any third-party software that is used on government information systems or that otherwise “affects” government information. You can read our article about the guidance here.