The Department of Defense recently provided some clarity on the timeline for implementation of its Cybersecurity Maturity Model Certification (CMMC) program. The DoD now expects to complete documentation to submit to the Office of Management and Budget for its rulemaking process by July 2022. And, it plans to issue interim final rules by March 2023. If DoD sticks to this new timeline, the CMMC requirements could begin appearing in solicitations for government contracts as early as May 2023 (60 days after the rules are published). 

Continue Reading Updated Timeline for DoD’s Cybersecurity Certification Program

Maryland recently passed two companion bills amending the state’s Personal Information Protection Act. The bills modify the data breach notification requirements and scope of businesses subject to the data security requirements. The key changes are summarized below, and will go into effect October 1 of this year:

Continue Reading Maryland Amends Data Security and Breach Notice Obligations

The May 1 change to banks’ cyber-notification process is fast approaching. As we wrote previously the OCC, FDIC, and Federal Reserve Board implemented a final rule under which banks and their service providers must notify their primary federal regulators within 36 hours of certain incidents.  A notification incident that triggers this requirement is defined as a computer security incident that materially disrupts a banking organization’s operations or lines of business. Thus not all incidents will meet these levels. For those that do, banks will need to be prepared. Part of that is having the right points of contact, which include:
Continue Reading On the Clock: Cyber Incidents Notification Deadline Approaching for Banks

Indiana has made a minor amendment to its data breach notification law. Starting July 1, companies who are obligated to notify under the law must do so (to affected individuals and the Indiana Attorney General) without unreasonable delay, but no later than 45 days after discovery of the breach. This changes the current time frame, which is “without unreasonable delay.” Indiana joins many other states that impose a specific timing requirement, in particular no later than 45 days after determining there has been a breach. For example, Alabama, Maryland, Ohio, and Wisconsin (among several others) all require notice to individuals no later than 45 days from discovery.

Continue Reading Indiana Breach Notification Law Amended, Changes Effective July 1, 2022

President Biden recently signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 as a part of a larger omnibus appropriations bill.  The new law sets out mandatory reporting requirements for critical infrastructure entities in the event of certain cyber incidents and ransomware payments.  Under the Act, once implementing regulations are issued (which are not expected this year) covered entities will be subject to two new reporting requirements:  
Continue Reading Cybersecurity Act Signed Into Law Creates New Reporting Obligations

The New York State Attorney General’s finding that EyeMed Vision Care LLC had failed to protect customer data in violation of the NY SHIELD Act provides insights for companies on how to protect information. New York’s SHIELD Act applies, as we have written previously, to any organization owning or licensing the information of a NYS resident, not just organizations located in New York. It requires companies to take reasonable administrative, technical, and physical safeguards to protect collected personal information.
Continue Reading Keeping Both Eyes on Cybersecurity

NIST recently released several key deliverables relating to cybersecurity. These focus on secure software development and new consumer labeling programs as contemplated by President Biden’s Executive Order 14028, which seeks to implement multiple new practices to improve the Nation’s cybersecurity.

Continue Reading NIST Releases New Guidance on Software Security and Cybersecurity Consumer Labeling Programs

In light of Russia’s recent military actions in Ukraine, the New York Department of Financial Services issued guidance on its cybersecurity and virtual currency regulations. The Department is specifically concerned about heightened risk for Russia’s cyberattacks against Ukraine, which could in turn lead to retaliatory attacks against U.S. critical infrastructure due to U.S. sanctions against Russia.
Continue Reading NYDFS Issues Cybersecurity Guidance in Response to Events in Ukraine

The State Attorneys General in New York and New Jersey recently settled with four companies over alleged HIPAA noncompliance following phishing attacks. The New Jersey settlements were brought against three NJ-based cancer care providers after a phishing attack on several employees’ email accounts. That attack resulted in the unauthorized access of the PHI of 105,200 patients. Although the providers had implemented safeguards, the NJAG concluded that those measures were insufficient to protect against reasonably anticipated threats. In particular, the NJAG was concerned that an accurate and thorough risk assessment had not been conducted, nor was there sufficient employee training. As part of the settlement, the providers agreed to pay $425,000.

Continue Reading States Catch Health Care Entities Taking the Bait in Phishing Attacks

President Biden recently signed a National Security Memorandum on cybersecurity. This memorandum was required by an earlier executive order, which we previously have discussed here.  The new memorandum (NSM) requires certain network cybersecurity measures for any government information system that is used for highly sensitive national security purposes. The requirements go into effect on a rolling basis over the next 6 months.
Continue Reading White House Focuses on Improving the Cybersecurity of National Security Systems

The Colorado AG recently issued guidance on practices companies should consider to safeguard consumer data. This guidance was issued in response to companies asking what “reasonable” security means. While noting that the standard is a flexible one and calls for case-by-case determinations, the AG highlighted activities it will weigh when making a decision on whether companies are acting reasonably to safeguard information.
Continue Reading Colorado AG Issues Guidance on Data Security Best Practices